July 28, 2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This Court of Appeal judgment, authored by Justice Eric Baah, arises from an attempt by a corporate appellant to set aside a prior High Court judgment in suit No. IRL/25/11 regarding plot No. 29, Light Industrial Area, Ring Road, Accra. The appellant asserted an agreement for sale executed on 4 July 2006, substantial part payment via Merchant Bank, and an undertaking to transfer title after respondent’s litigation with the Divestiture Implementation Committee (DIC). The respondent denied any tenancy or authorized sale, contending the 2nd–4th defendants acted without board approval, ownership, or DIC consent, and noted appellant’s non-participation and unprosecuted appeal. The Court of Appeal restated that fraud must be distinctly pleaded and proved beyond a reasonable doubt by fresh evidence and that a fraud action cannot be used to re-open merits previously determined. Finding no proof of fraud and that res judicata barred relitigation, the court affirmed the High Court’s dismissal and rejected reliefs like specific performance and title, dismissing the appeal.
BAAH, J.A
APPELLANT’S RELIEFS
On the 22nd of January, plaintiff/appellant (hereafter appellant), issued a writ of summons in the High Court, Land Division, Accra, after the 1st defendant/respondent (hereafter respondent) secured a judgment against appellant, which appellant alleged was obtained by fraud. The following reliefs were sought by appellant:
a. An order setting aside the judgment in suit No. IRL/25/11 as obtained by fraud.
b. Declaration of title to plot No. 29, Light Industrial Area, Ring Road, Accra, and the building thereon.
c. Order for specific performance on the defendant to observe the agreement for the sale of land, dated 4th July 2006 and executed between the plaintiff and the defendant.
d. Perpetual injunction restraining the defendants, its assigns, agents and all persons claiming through it, from interfering with plaintiff’s occupation and possession of the property.
e. Order on the defendant to pay general damages to plaintiff.
f. Cost on full indemnity basis to the plaintiff and
g. Further (other) orders as the court may seem fit.
Respondent entered appearance to the writ on 29 January 2013 and filed a statement of defence on 12 February 2013, which was amended on 10 March 2016.
SUMMATED CASE OF APPELLANT AT COURT A QUO
The case of appellant was that it is a corporate body which at all times, was a sitting tenant of the respondent, of its property numbered plot No. 29, Light Industrial Area, Ring Road, Accra. Appellant alleged that when respondent decided to dispose of the property, it gave appellant the right of first option to purchase. Consequently, an agreement for the sale of the property was executed between the parties on 4 July 2006. Appellant alleges that the agreement was negotiated with the then executive officer of respondent, called Patrick Ahadzi (now deceased), and respondent’s solicitor.
According to appellant, it made a substantial part payment of the purchase price from its account at Merchant Bank, into respondent’s official business account. Respondent undertook to transfer the title deeds on the property to appellant upon the completion of a legal battle it then had with the Divestiture Implementation Committee (DIC).
The case of appellant continued that, the agreement and its actual occupation and possession of the subject property, extinguished the interest and rights of the respondent.
To the dismay of appellant however, respondent in spite of the agreement caused a writ to be issued against it