JOSEPH ADE COKER VS NDK FINANCIAL SERVICES

The High Court (per Justice Francis Obiri) considered a motion by the Defendant/Applicant to dismiss a suit issued on 6 January 2023 by the Plaintiff/Respondent seeking to set aside as unconscionable the parties 2011 consent terms and to set aside the Intellisys audit report as fraudulent. Proceeding under Order 11 rule 18 of C.I. 47, the Applicant argued abuse of process and res judicata, relying on a Court of Appeal judgment dated 17 November 2016 that had already addressed the terms and the audit. The Respondent maintained the present claims of unconscionability, estoppel by conduct, and fraud were distinct and raised triable issues requiring evidence. The court emphasized the discretionary, circumspect use of Order 11, the limited scope of fraud/unconscionability actions, the public policy of finality, and natural justice concerns given Intellisys was not joined. Finding that the Court of Appeal had already held the terms were not unconscionable and endorsed the audit, the court set aside the Respondents suit as an abuse and awarded GHS 5,000 costs to the Applicant.