Mireille Hitti v. George Jamil Mouganie & ORS

The Court of Appeal, per Welbourne J.A. (presiding), dismissed Mireille Hitti’s appeal against a High Court ruling that struck out her pleadings and dismissed her suit under Order 11 rule 18. After Robert Habib Hitti’s 2001 intestate administration and distribution of Ghanaian assets, a 1985 will was discovered in 2017, prompting executor George Jamil Mouganie to obtain revocation of the 2001 Letters of Administration in June 2018. Mireille’s certiorari application failed at the Supreme Court, which held beneficiaries were not necessary parties to a revocation and that wills discovered later justify revocation notwithstanding limitation or prior winding up. She then sued to set aside the revocation, asserting fraud and estoppel; the trial court struck out the case. On appeal, the court held Order 11 rule 18 can be invoked at any stage; the alleged fraud was not properly pleaded; res judicata barred re-litigation of issues decided by the Supreme Court; and reliance on its pronouncements was binding, not obiter. Justice Suurbaareh concurred with a supporting opinion; Justice Oben‑Manu Jnr. agreed. Costs of GHȼ10,000 were awarded to each of the first three respondents.