KWAME BOAKYE v. ANANE ASARE

The Ghana Court of Appeal, constituted by WOOD, J.A. (Presiding), AFREH, J.A., and BROBBEY, J.A., unanimously allowed an appeal arising from a land dispute between the successor to Alasa Awua alias Yaw Awuah and Adututu. After Awua initially prevailed in the District Court Grade I and Adututu won on appeal in the High Court, Awua appealed further; before hearing, a C.D.R.-brokered settlement demarcated the land and both sides agreed not to pursue the appeal. Nonetheless, Adututu prosecuted the appeal in the appellant’s absence, and the Court of Appeal in Awuah vrs Adututu and another [1987–88] 2 GLR 191 allowed it, noting no appearance by the respondents. The appellant’s application to set aside that judgment for fraud was dismissed but the court signaled a proper cause of action lay; the appellant then sued. Although the High Court found a binding compromise and deceit, it dismissed the claims. On appeal, the Court of Appeal held that concealment of the settlement and pursuit of the appeal in breach of the compromise amounted to fraud on both the appellant and the court. Relying on Barclays Bank D.C.O. vrs Heward-Mills and Thorme vrs Smith, and emphasizing section 72 of the Courts Act, the court concluded the appellate judgment was obtained by fraud, set it aside, and granted the appellant’s reliefs.