AHMED MUDDY ADAM VS FRANK NUAMAH
2024
SUPREME COURT
GHANA
CORAM
- OWUSU (MS.) JSC (PRESIDING)
- LOVELACE-JOHNSON (MS.) JSC
- ASEIDU JSC
- DARKO ASARE JSC
- ADJEI-FRIMPONG JSC
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana, per Darko Asare JSC with concurrences by Asiedu JSC and Adjei-Frimpong JSC, allowed Frank Nuamah’s appeal and restored the High Court’s dismissal of Ahmed Muddy Adam’s (also known as Alhaji Adams) fraud action seeking to set aside the earlier land judgment in suit L205/2002. The Court held that in proceedings to impeach a judgment for fraud, only fraud may be pleaded and strictly proved, rejecting attempts to litigate misdescription of land, misnomer, and alleged lack of cause of action. It found the record showed notice of the hearing date via an entry of interlocutory judgment verified by Ocran J and acknowledged by Adam’s own affidavit. Affidavits of service under CI 47 are prima facie evidence and carry presumptions of regularity under the Evidence Act, which Adam failed to rebut. The Court emphasized finality and issue estoppel, noting service documents had been previously scrutinized, and concluded no fraud was proven beyond reasonable doubt.
DARKO ASARE JSC;
1. My Lords, the question argued upon the hearing of this appeal is one of some considerable importance. It invites a reconsideration of the critical issue concerning the circumstances under which a judgment entered in default proceedings may be vacated on grounds of fraud.
2. This issue has lately become a matter of growing concern within the legal community, prompting expressions of concern from this Court regarding the proliferating practice of litigants leveraging unfounded allegations of fraud to undermine the finality of judgments rendered by courts of competent jurisdiction. See for instance, the views expressed by our illustrious Pwamang JSC in the recent case of John Bobie v 21 Century Constructions Ltd & 7 Ors, Civil Appeal No. J4/5/2014 (9th March 2016).
3. It reflects a tension between, on the one hand, the public policy consideration in favour of the finality of litigation and, on the other, the desire to do justice in individual cases and not permit vexatious litigants to benefit from their misuse of the court system.
4. The facts on which this instant appeal turned, which were found by the two lower courts not to be in controversy, may be briefly stated.
FACTS
5. The Appellant herein (as Plaintiff), instituted an action on the 4th day of April 2002 against one Adjei Darko at the High Court, Accra in suit no L205/2002, titled Frank Nuamah v Adjei Darko. The said suit no. L205/2002 was presided over by Ocran J.
6. During the pendency of the action, one Francis Don Lartey was joined as the 2nd Defendant upon his own motion. Subsequently, upon an application by the Appellant (then Plaintiff), the Respondent was joined as the 3rd Defendant, pursuant to disclosures made in pleadings filed by Francis Don Lartey, wherein he averred that his interests in the disputed land had been assigned to the Respondent
7. No steps having been taken by any of the Defendants including the Respondent herein (as 3rd Defendant), to defend their interests in the said suit no. L205/2002, default judgment was entered against them and a date set for the Appellant to prove his claim, following which the trial court entered final judgment in favour of the Appellant on the 27th of May 2015. An application by the Respondent to set aside the default judgment on grounds that the said judgment had been obtained without any notice to him, was refused by Ocran J. Significantly, the Respondent did not appeal against this decision
8. The Appellant