[1999]DLSC6384 • February 10, 1999 • Supreme Court •
BEN KUMA—AGENT FOR FAROE SEA FOOD C/O OYEMAN CHAMBERS, TEMA vs. MESSRS EAST COAST FISHERIES LTD., EMELIA MOKOR, STATE FISHING CORP.
The Respondent obtained summary judgment against East Coast Fisheries Limited and the Applicant (Managing Director) for recovery of a trade debt. The Applicant and Company unsuccessfully applied to set aside the judgment. The Applicant challenged her status as a proper party and appealed. Before judgment on appeal, the Applicant sought leave to adduce fresh evidence alleging fraud in obtaining the summary judgment, claiming deception by Respondent's counsel and resulting personal incapacitation due to stroke.
read moreSOPHIA A.B. AKUFFO, J.S.C.: A brief summary of the background of this application will suffice to place the matter in its proper perspective. Furthermore, in this ruling, we intend to rely upon the record of appeal in Civil Appeal No. 5/98 to enable us deal effectively with the issues arising herein. On June 24th 1991, the Respondent obtained Summary Judgement in suit number 2075/90, against East Coast Fisheries Limited and the Applicant (the Managing Director of the Company), for the recovery of a trade debt arising from the supply of fish to the Company. Subsequent to the summary judgement, the Company and the Applicant, by a motion filed on July 19th, 1991, applied to the High Court for orders staying execution of and setting aside the summary judgement, which application was dismissed on July 15th 1992. In that application, the Applicant herein and the 1st Defendant challenged the amount adjudged as owing. Furthermore, the Applicant herein, for the first time in the suit, raise...