REGISTERED TRUSTEES OF GHANA PRIVATEROAD TRANSPORT UNION OF TUC BOGOSO BRANCH v. SOLOMON NTRAKWA
2015
COURT OF APPEAL
GHANA
CORAM
- C.J. HONYENUGA J.A. (PRESIDING)
- S.K. GYAN, J.A.
- G.S. SUURBAAREH, J.A
Areas of Law
- Civil Procedure
- Fraud Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal dismissed the Plaintiff's appeal, affirming the High Court, Tarkwa's decision. The court found no procedural errors in the initial judgment that included amending the title to add Solomon Ntrakwa. The Plaintiff's claims of fraud and misrepresentation by the Respondent were dismissed due to lack of evidence and procedural correctness. The awarded costs were deemed appropriate, affirming that the Respondent's representation in court was valid and lawful. This case reinforces the application of procedural rules under Order 11 Rule 18 and the inherent jurisdiction of courts to prevent abuse of the judicial process.
HONYENUGA, J.A.
This is an appeal by the Plaintiff/Applicant (hereinafter called the Appellant) against the Judgment of the High Court, Tarkwa dated the 15th day of May, 2014. The said Court upheld the motion filed by the Defendant/Respondent (hereinafter called the Respondent) to dismiss the appellant’s claim. The claim was dismissed with costs of GH¢2,000.00 awarded against the appellant.
The facts of this appeal are not far-fetched. The respondent had an earlier judgment determined in his favour at the High Court, Sekondi. The appellant appealed against the decision to the Court of Appeal and lost. Several years later the appellant complained that the learned trial Judge in the earlier suit was wrong in amending the title of the suit by adding the appellant as a party. Aggrieved by his belief, the appellant caused a writ of summons to be issued out against the respondent claiming as follows:-
“a. Declaration that the judgment of the High Court, Sekondi and the Court of Appeal in respect of the Shell Filling Station, Bogoso were all in favour of J.K. Ntrakwa and not Solomon Ntrakwa..
b. A declaration that the conduct of the Defendant in misrepresenting to the Court in suits entitled Solomon Ntrakwa vrs. GPRTU – CS No. 16/2000 as the owner of the Shell Filling Station at Bogoso was fraudulent.
c. Declaration that the Defendant obtained the judgment and the Ruling in the Suits entitled Solomon Ntrakwa vrs. GPRTU – CS No. 1016/2000 and Republic vrs. GPRTU, Bogoso Ex parte: Solomon Ntrakwa - Suit No. Misc. 4/2001 respectively by fraud.
d. An order setting aside the judgment and the Ruling of the High Court, Tarkwa in the suits referred to in relief (s) supra.
e. An order of perpetual injunction restraining the Defendant by themselves, their agents, servants, privies and assigns from enjoying any rights flowing from the said Judgment and Ruling obtained by fraud.”
The Writ of Summons was accompanied by a Statement of Claim. The respondent entered appearance to the said Writ.
After filing an appearance, the respondent then filed a Motion on Notice to dismiss/strike out suit under Order 11 rule 18(1) (a) and (b) and/or under the Inherent Jurisdiction of the Court.
For avoidance of doubt, I would reproduce the affidavit in support as follows:
“1. That I am the Defendant/Applicant and the Deponent herein.
2. That on 11/2/2014 the Plaintiff caused the writ of summons in the above intituled suit to be issued out of the registry of this Honourable Court