Ratio Decidendi



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  ·  H1/180/2012 ·  11 Apr 2013 ·  Ghana
CORAM
ASARE-KORANG J.A. (PRESIDING), I. D. DOUSE J.A., SIR DENNIS D. ADJEI J.A.

Ratio Decidendi

Core Terms Beta
plaintiff
defendants
judgment
application
16th april
4th march
appeal
writ of execution
2nd defendant
22nd july
gold
judgment of 22nd july
27th march
learned trial judge
16th february
order of the court
set aside
facts
ground
minerals commission
trial judge
1st defendant company
3rd defendant
executive chairman of the 1st defendant
full facts
grounds of appeal
review of the judgment
3rd defendants
anor v. asamoah
dismissal of the defendants application
export gold
following grounds
fraudulent misrepresentation
grant of leave
high court
j. a.
later date
latter date
legal basis
lordship mr. anthony k. abada
order of the high court
plaintiff set
refund of the said sum
ruling of her ladyship
rulings of the high court
said judgement
small scale gold mining holder
statement of defence
writ of summons

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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login