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REPUBLIC v. HIGH COURT, ACCRA: EX PARTE SINARE AND OTHER

1991

COURT OF APPEAL

GHANA

CORAM

  • ESSIEM
  • AMUAH
  • KPEGAH JJ.A

Areas of Law

  • Civil Procedure
  • Evidence Law

AI Generated Summary

The Court of Appeal overturned the High Court's quashing of a rent magistrate's order that had set aside an ejectment order obtained by fraud. The High Court had erred in quashing the magistrate's ruling, as fraud was established and unrefuted. Additionally, the district court was not functus officio, as it still had pending matters concerning the tenants property. The case emphasized that judgments obtained by fraud are inherently void and can be set aside by courts of concurrent jurisdiction. The appeal was allowed, underscoring that fraud vitiates all legal proceedings.

JUDGEMENT