BRUTUW v. AFERIBA AND ANOTHER

JUDGMENT OF OSEI-HWERE J.

By the indorsement on her writ the plaintiff's claim against the defendants is for:

"(a) declaration setting aside the judgment of this honourable court dated 26 August 1975 and confirmed by the judgment of the Court of Appeal dated 16 June 1977 on the ground of fraud."

In her twelve-paragraphed amended statement of claim the plaintiff made the following averments:

"(1) The plaintiff is the head of family of Nana Effina Anona family of Yaayaakuano near Cape Coast in the Central Region.

(2) The land, the subject-matter of suit No. 15/70 entitled Kobena Amoasi, Odikro of Yaayaakuano for himself and on behalf of Nana Effina Anona family of Yaayaakuano versus (1) Ebusuapanyin Effua Aferiba, etc., etc. (2) Fawuhutwer of Yaayaakuano in which judgment was given by the High Court, Cape Coast, on 26 August 1975, and same was confirmed by the judgment of the Court of Appeal dated 16 June 1977, is the ancestral property of the plaintiff's family.

(3) The defendants for the purpose of obtaining the judgments referred to in paragraph (2) above and which are sought to be set aside in this action perpetrated gross and serious fraud on the High Court of Justice.

[p.468]

PARTICULARS OF FRAUD

(a) Manufacturing concrete pillars and placing them on the land in dispute so as to represent that the said pillars were placed on the land by the late John Mensah Sarbah Barrister-at-law, who died in 1910 or otherwise by Mrs. Sarah Sarbah, the mother of John Mensah Sarbah, Barrister-at-law, who died in 1917.

(b) Falsely claiming that the said John Mensah Sarbah was succeeded by his mother Mrs. Sarah Sarbah when to the knowledge of the defendants John Mensah Sarbah died leaving a will which was admitted to probate.

(c) Falsely claiming that the land in dispute belonged to John Mensah Sarbah when to the knowledge of the defendants the land did not form part of the estate of John Mensah Sarbah, because by the wills of John Mensah Sarbah, Eva Nancy Sarbah, Mrs Gwira and a trust deed, the estate of John Mensah and his mother Sarah Sarbah eventually passed into the hands of Sarah Wilhemina Adjoa Williams, nee Taylor and after her death to her lawfully wedded husband under the Ordinance—Mr. Kobena Aaba Taylor who sold all the properties in the said estate without any opposition from the defendants or from any other members of their family. And that if the land in dispute formed part of the said estate it would also have been sold.

(d) Falsely stating t