GH - ISAAC ANTWI v. OBIRI YEBOAH APPIAHENE

ADJEI, J.A:

The Defendant/Appellant herein who would be referred to as Defendant for the purposes of this appeal filed an application to dismiss the suit brought against him by the Plaintiff/Respondent who is also referred to as Plaintiff under Order 11 rule 18 (1)(b) & (d) of the High Court (Civil Procedure) Rules, C.I. 47 and the inherent jurisdiction of the High Court on grounds of estoppel per rem judicatam. The High Court Tema on 10th December, 2018 dismissed the Defendant’s application on the premise that the Plaintiff has alleged fraud against the judgment and that allegation ought to be investigated by the court through evidence. The Defendant dissatisfied and aggrieved by the ruling of the High Court, Tema on 31st December, 2018 filed an appeal against the said ruling.

The brief facts of the case are that the Defendant who was the Plaintiff in an earlier suit intituled Obiri Yeboah Appiahene v Isaac Antwi and Korley Ayaa Kwabla with No AP 100/2015 High Court , Accra, obtained judgment against the Plaintiff herein and Another with respect to ownership to plots numbered C8 and C9 Atomic Hills Estates, Accra. The two plots were subject matter of auction and the Defendant herein then the Plaintiff brought an action against the present Plaintiff for, inter alia, a declaration challenging the certificate of purchase issued by the Sheriff of the High Court as void, an order to set aside the auction, declaration of title to the two plots, an order for recovery of possession and general damages for trespass.

The High Court, Accra on 27th November, 2015 granted all the reliefs sought by the Defendant herein against the Plaintiff and Another. The High Court, Accra found as a fact that the two plots were originally owned by the Plaintiff herein but had disposed off his interest by way of an assignment to the grantor of the Defendant herein. The Plaintiff herein did not appeal against the judgment. In a subsequent suit intituled Alex Yamoah v Obiri Yeboah Appiahene with Suit No. E1/7/2017 before the High Court differently constituted with the same subject matter, that is plot numbers C8 and C 9 Atomic Hills Estates, Accra, the High Court dismissed the action on grounds of per rem judicatam. The said Alex Yamoah did not also appeal against the judgment.

The Plaintiff instituted an action which has culminated in this appeal to set aside the judgment delivered against him and another on 27th November, 2015 as having been obtained by fraud. The Defendant filed

ADJEI, J.A:

ISAAC ANTWI v. OBIRI YEBOAH APPIAHENE

Areas of Law

JUDGMENT