CATHERINE AFEKU & ORS VS PATRICIA GICK & ORS
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP OLIVIA OBENG OWUSU, (MRS) J.
Areas of Law
- Civil Procedure
- Evidence Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs sought to set aside a previous judgment by the High Court's Commercial Division in Suit No. RPC 245/06, claiming it was procured through fraud. They presented a video recording allegedly showing a Defendant's confession to deceit. The Defendants denied the fraud and suggested the new suit was an attempt to relitigate an already settled matter. The court examined the video evidence, finding it unreliable and noting that the Plaintiffs failed to meet the high burden of proof required to establish fraud. Consequently, the Plaintiffs' claim was dismissed, and the Defendants were awarded costs.
The Plaintiffs claim against the Defendants jointly and severally as follows: i. An order setting aside the judgment in Suit No. 245/06 entitled 1. Patricia Gicks 2. Bill Gicks v 1. Polymath Enterprises 2. Seth Afeku 3. Catherine Afeku as tainted by fraud and deceit practiced on the Court.
General Damages for fraud.
An order for recovery of all sums paid to 1st and 2nd defendants by plaintiffs in satisfaction of the judgment debt; iv.
Interest on (iii) at the prevailing bank rate from date of payment of the said sums of money to date of re-payment by 1st and 2nd defendants herein; v. Release of plaintiff’s house H/No. LVC/73, Lower Axim from attachment; vi.
Recovery of possession of 1st plaintiff’s Nissan Navara pick-up vehicle with registration number GC 3300-09 vii.
Recovery of possession of Mitsubishi Diamante saloon car with registration number AS 7323 W; viii.
An order restraining the further enforcement of the judgment in Suit No. 245/06 until the final determination of the instant action.
Punitive costs”In a nutshell the Plaintiffs’ case is that the 1st and 2nd Defendants with the active support and collaboration of the 3rd and 4th Defendant (who was their lawful attorney)filed an action against them at the Commercial Division of this Court i. e Suit No. RPC 245/06 entitled 1. Patricia Gicks 2. Bill Gicks v 1. Polymath Enterprises Limited 2. Seth Afeku 3. Catherine Afeku for the following reliefs: i. An amount of US $ 217, 462. 00 ii.
Interest on US $ 217, 462. 00 at the prevailing bank rate from November , 2007 to date of final payment; iii.
The 2nd and 3rd Defendants (1st and 2nd Plaintiffs herein) account for all monies and equipment sent by plaintiffs to them; iv.
Mitsubishi Diamante saloon car with registration number AS 7323 W At the trial the High Court coram Justice Barbara Ackah-Yensu on 30th November 2007 delivered Judgment in favour of 1st and 2nd Defendants on all the reliefs sought.
They aver that irrefutable evidence recently obtained by them points to the fact that the Judgment in Suit No. RPC 245/06 was obtained by fraud and misrepresentation of facts dishonestly made by the Defendants to the trial Court with the knowledge that same was false and intended for the court to rely on in order to arrive at false conclusions.
The particulars of fraud were given as follows: “PARTICULARS OF FRAUD a. Plaintiffs have discovered fresh irrefutable evidence in the nature of a video recording of the 3rd Defendant confessing that the wh