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FERYUST LTD. V. OHENE AGYEKUM ALIAS 2 GUYS

(2019) JELR 63659 (HC)

High Court  •  SUIT NOT. C1/17/20110  •  14 Jan 2019  •  Ghana

Coram
FRANCIS OBIRI (HIGH COURT JUDGE)

Judgement

On 8th November, the defendant/applicant hereinafter called the applicant filed the instant application through his counsel. The gravamen of the application is that, the plaintiff action should be dismissed for being an abuse of the court process. The application is supported by affidavit. The main contention of the applicant can be found in paragraphs 6, 8 and 9. I will quote them in this ruling.

(6) That I have been advised and verily believe same to be true that, the plaintiff, having pleaded fraud in order to challenge and have a consent judgment entered in my favour set aside, he is not permitted to set up any other reliefs in this particular suit except on the issue of fraud and fraud only.

(8) That I am advised and verily believe same to be true that, until and unless the valid consent judgment entered by the High Court in 2002, Exhibit OA is set aside, a court of coordinate jurisdiction lacks jurisdiction to make pronouncement or orders to adversely affect the potency of Exhibit…

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