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DR. KWAME APPIAH POKU v. KOJO NSAFOA POKU

May 26, 2010

SUPREME COURT

GHANA

CORAM

  • ATUGUBA,JSC(PRESIDING)
  • AKUFFO (MS), JSC
  • BROBBEY, JSC
  • ANSAH, JSC
  • GBADEGBE, JSC

Areas of Law

  • Civil Procedure
  • Probate and Succession
  • Evidence Law

AI Generated Summary

The Supreme Court of Ghana, per Atuguba JSC delivering reasons for a unanimous decision, dismissed an appeal arising from a fresh action that sought to set aside a 2004 High Court judgment invalidating the will of the late industrialist Francis Kojo Poku. The High Court had found Poku blind and therefore incapable of executing his will, relying in part on evidence from Dr. Kenneth Asubonteng (PW4). The appellants, executors under the will, later alleged Dr. Asubonteng’s testimony was fraudulent—claiming forged hospital records and misrepresented qualifications—and launched a new action to impeach the prior judgment for fraud. The Court of Appeal dismissed that action as frivolous and vexatious. The Supreme Court affirmed that while fraud can unravel judgments, parties must exercise reasonable diligence to discover and raise alleged fraud at the original trial; failure to do so bars a later impeachment.