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ZOLTAN POZSONYI ACTING PER HIS LAWFUL ATTORNEY EKOW FYNN THOMPSON
V.
KORL LIMITED, JOHN ACOLATESE AND PATAKI IMRE

(2013) JELR 65507 (CA)

Court of Appeal 11 Apr 2013 Ghana
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- The Court of Appeal upheld the High Court's dismissal of the plaintiff’s application to set aside prior rulings, holding that the original judgment in favour of the plaintiff had been validly set aside in April 2003, leaving no subsisting

Case Details

Suit Number:H1/180/2012
Judges:ASARE-KORANG J.A. (PRESIDING), I. D. DOUSE J.A., SIR DENNIS D. ADJEI J.A.
Counsel:B. W. TAMAKLOE FOR PLAINTIFF/APPELLANT, MRS SUMMERS DARKO FOR DEFENDANTS/RESPONDENTS.

JUDGMENT

ASARE KORANG, J. A.

This appeal is against the ruling of Her Ladyship, Mrs Felicity Amoah, J., delivered by her in the High Court, Accra on 16th February 2010. The said ruling dismissed an application brought by the plaintiff/appellant (plaintiff for short) to set aside two rulings of the High Court dated 4th March, 2003 and 16th April 2003 respectively and an order of the High Court dated 27th March, 2009.

In the court below, the facts relied upon were that the plaintiff a foreigner who could not speak, read or write English was introduced to the 2nd defendant/respondent who represented to plaintiff that he was the executive chairman of the 1st Defendant/respondent - company which could buy gold and export it out of Ghana; the 3rd Defendant/respondent being the intermediary who introduced the 2nd defendant/respondent to the plaintiff in 1995.

In this appeal, the defendants/respondents shall simply be referred to as the 1st, 2nd and 3rd defendants.

According to the facts, it is sa…

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