EBUSUAPANYIN FRANCIS KWAME ESSUMAN v. VIDA SAM
2022
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE ABOAGYE TANDOH, HIGH COURT JUDGE
Areas of Law
- Evidence Law
- Civil Procedure
- Property and Real Estate Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
This High Court judgment by Justice Aboagye Tandoh resolves a dispute between Ebusuapanyin Francis Kwame Essuman, head of the Royal Anona Family of Mankessim Krofu, and family member Vida Sam over a central Agona Swedru parcel. After Essumans 2010 suit C1/16/2011 yielded an interlocutory injunctionaffirmed on appealSam sought an out-of-court settlement in early 2017. Essuman signed two documents presented by Sam, believing they were to seek leave to attempt settlement and report back. On 4 April 2017, the original suit was struck out as withdrawn without liberty, apparently using those documents. Applying the Evidence Act, the court held that fraud alleged in civil proceedings must be proved beyond reasonable doubt. Assessing testimony and exhibits, it found Exhibit E was prepared before the meeting, misleadingly excluded re-apply from its heading, and that the without liberty term was not agreed. The court set aside the documents and the 4 April 2017 order, affirmed the prior injunction, and awarded costs of GHc10,000 against Sam.
J U D G M E N T
The Plaintiff on the 17th day of May, 2018 caused a Writ of Summons to be issued
against the Defendant herein and claimed for the following reliefs:
I. A declaration that the document prepared by the Defendant dated 3rd February,
2017, and addressed to the Registrar, High Court, Agona Swedru in the case
EBUSUAPANYIN KWAME ESSUMAN VRS. VIDA SAM SUIT NO.
C1/16/2017 ENTITLED:
RE: CONSENT THAT WRIT BE WITHDRAWN WITHOUT LIBERTY is a nullity,
fraudulent and void and of no legal effect.
II. An order of the Court setting aside the said document dated 3rd February, 2017,as
fraudulent, null and void and of no legal effect.
III. A declaration that the document prepared by the Defendant entitled :
WITHDRAWAL BY CONSENT ORDER 17 RULE 3OF THE HIGH COURT (CIVIL
PROCEDURE) RULES, 2004 (C.I. 47),
And filed by Defendant before the High Court, Agona Swedru on 6/2/17 is null and
void per reason of fraud.
IV. An order of the High Court setting aside the said document filed on 06/02/17 at
the High Court, Agona Swedru.
V. A declaration that the Order of the High Court, Agona Swedru, presided over by
His Lordship Justice Peter Dei Offei, made on 4th Day of April, 2017, striking out
the case Ebusuapanyin Kwame Essuman, vrs Vida Sam, Suit No. C1/16/2011
without liberty to re-apply was procured by the Defendant through fraud.
VI. An order of the Court setting aside the said order of the High Court, Agona
Swedru, dated 4th April, 2017.
VII. Perpetual injunction restraining the Defendant, by herself agents, servants,
workmen, assigns, personal representatives, administrators, privies, labourers,
contractors, or howsoever from dealing with or having anything to do with the
piece or parcel of land situate lying and being at Agona Swedru and bounded on
or towards the North by the land of Justus Hagan measuring 212 feet more or
less, on or towards the South by the land of K.B Korsah measuring 212 feet more
or less, on or towards the East by the main road to Nsaba measuring 225 feet
more or less, and on or towards the West by land of Tuyee measuring 200 feet
more or less.
VIII. Further or other reliefs.
IX. Costs including solicitor’s legal fees.
BRIEF FACTS OF THE CASE
It is the case of the Plaintiff that he is the Head of Family of the Royal Anona Family of
Mankessim Krofu and the Defendant is also the great granddaughter of one Madam
Elizabeth Ampah a.k.a Essie Wu (deceased) and a member of the Royal Anona family of
Mankessim Krofu.