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GRACE ASUAMAH AND VICTOR OWUSU V. FELICIA ADOFO

(2021) JELR 108979 (CA)

Court of Appeal  •  H1/109/2020  •  17 Jun 2021  •  Ghana

Coram
MARGARET WELBOURNE (MRS) JA PRESIDING, AMMA GAISIE (MRS) JA, ADJEI FRIMPONG JA

Appearances
FRANCIS KWAME OFFIN FOR DEFENDANT/APPELLANT BOATENG BARFI-ANKRAH FOR PLAINTIFF/RESPONDENT

Judgement

JUDGMENT

ADJEI FRIMPONG JA

The quest of this appeal is essentially, to determine whether or not the conclusion of the  trial court that, the judgment pronounced in two previous consolidated suits was  obtained by fraud, can be justified. As it pertained in the trial court, the issue of fraud  relative to the aforesaid judgment lies at the heart of this appeal. For convenience, we first  relate the short history of the dispute as follows: 

Sometime around 1993 and 1994, two separate suits were commenced at the High Court  Accra. The first suit bearing number L 437/94 was entitled: 

FELICIA ADOFO  

VRS  

VICTOR OWUSU 

KWAKU OBENG 

MRS OBENG. 

The plaintiff in that suit was Felicia Adofo, mother and predecessor of the present  defendant/appellant (appellant). She had sought as against the three defendants, a  declaration of title and other ancillary reliefs in respect of a plot of land described as  situate at Dome Village Accra. The 1st defendant in that suit Victor Owusu is one of the  respon…

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