AKAN PRINTING PRESS & ANOR VS ERIC JEFF OWUSU BOATENG & ANOR
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP BARBARA TETTEH-CHARWAY (J)
Areas of Law
- Civil Procedure
- Tort Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over a judgment obtained in a previous case (C9/01/2012) related to a car accident. The plaintiffs sought to set aside this judgment, claiming it was obtained by fraud. They alleged that the defendants influenced a police testing officer to declare their vehicle a total loss, repaired and used the vehicle while claiming its full value, and misrepresented facts in court. The court, applying a high standard of proof for fraud allegations, found that the plaintiffs failed to provide sufficient evidence to support their claims. The court dismissed both the plaintiffs' case and the defendants' counterclaim for defamation and malicious prosecution. The judgment emphasizes the importance of providing concrete evidence when making serious allegations like fraud and highlights the challenges in overturning previous court decisions.
Briefly, the facts of this case are that the 1st plaintiff is a registered company that operates a printing press whilst the 2nd plaintiff is the manager of a restaurant in Asylum Down, Accra. The 1st defendant, on the other hand, is the owner of a Toyota Corolla saloon car with registration number GR 2581-10, whilst the 2nd plaintiff is the driver of the said vehicle. On 13th March 2011, 2nd plaintiff whilst driving 1st plaintiff’s car got involved in an accident with 2nd defendant who was driving 1st defendant’s car at the time. The parties tried to settle the matter out of court but settlement broke down. As a result, defendants instituted an action against plaintiffs in suit no. C9/01/2012 at the Circuit Court, for general and special damages for injury and loss sustained, as well as for the replacement value of the car at the then current price of GHC12,000. In the said suit, the defendants obtained default judgment against the plaintiffs herein, who entered appearance but did not defend the action. Subsequently, plaintiffs herein who were defendants-judgment debtors in suit number C9/01/2012 instituted the instant action against defendants herein who were plaintiffs-judgment creditors in suit number C9/01/2012, for a declaration that the judgment was obtained by fraud, an order to set aside the said judgment, an order for stay of execution and costs. In the accompanying statement of claim, plaintiffs pleaded the following particulars of fraud; 1. That defendants caused the police testing officer to declare the vehicle a total loss 2. Defendants have since retrieved the vehicle from the Nima Police Station and repaired it and are using the said vehicle 3. Defendant had gone to court to claim the total value of the vehicle when indeed they had repaired the vehicle and therefore were entitled to the cost of repairs and loss of use. Plaintiffs therefore prayed for the court to set aside the judgment procured by defendants in suit no C9/01/2012 in order to prevent defendants from enriching themselves unjustly. In their statement of defence, defendants denied having obtained any judgment by fraud or repaired the accident car for that matter. They asserted that the car, subject matter of the judgment, had been parked at a garage at Nungua and was available for inspection in the interest of truth and justice. Defendants further stated that plaintiffs had not filed any appeal against the decision they were seeking to set aside. Finally, defendants counterclai