PUNJABI BROTHERS vs. NAMIH

JUDGMENT OF ADUMUA-BOSSMAN J.S.C. This appeal is against a judgment dated the 2nd November, 1960, of the High Court, Kumasi (Simpson, J.) whereby the court dismissed claims for four separate reliefs under four different grounds or causes of action made by the plaintiffs-appellants before this court (who henceforth will be referred to by their firm name “Punjabi Brothers”) against the defendants-respondents (who will similarly be referred to by their name “Namih Brothers”). For reasons which will hereafter become apparent, it seems desirable to set out the claim fully as follows: “(a) A declaration by the court that the judgment recovered by defendants herein against plaintiffs herein on or about the 5th day of November, 1957, in suit No. D.C. 68/57 entitled Elias and John Namih versus Punjabi Brothers is null and void and cannot stand as res judicata against plaintiffs so as to defeat plaintiffs’ claim in the present suit, on the grounds of fraud, misrepresentation and mi...