[2013]DLSC2736 • January 23, 2013 • Supreme Court •
OSEI ANSONG AND PASSION INTERNATIONAL SCHOOL vs. GHANA AIRPORTS COMPANY LTD
The Plaintiffs, Osei Ansong and Passion International School, initially admitted that the land on which the school was situated belonged to the Defendant, Ghana Airports Company Ltd, and sought time to relocate. The Defendant had earlier sued the Plaintiffs for trespass and unlawful construction on airport land. After the Defendant obtained summary judgment, the Plaintiffs abandoned their appeal and brought a fresh action alleging that the Defendant had committed fraud by falsely representing ownership of the land, seeking to set aside the prior judgment on that ground.
read moreSOPHIA ADINYIRA (Mrs.) JSC: I start this judgment with a prefix, “The judicial edifice was not construed to lend ear to every cry of fraud from suitors who had lost on the merits.” (Per Francois JSC in Dzotepe v. Hahormene [1987-88] 2 GLR 681 at 701) This is an appeal by Mr. Osei Ansong and Passion International School, the Plaintiffs/Respondents/Appellant (hereafter Plaintiffs) from the judgment of the Court of Appeal dated 28 October 2011 which allowed an appeal by the Ghana Airports Ltd, the Defendant/Appellant/Respondent (hereafter Defendant) against the ruling of the High Court, Kumasi dated 12 November 2010 presided over by Adzagli J. In that decision Adzagli J dismissed an application brought by the Defendant to set aside a writ issued by the Plaintiffs on the ground of abuse of court process. Background The Defendant in an earlier writ Suit No IRL/51/2010 dated 22 September 2010 before the High Court Kumasi claimed against the Plaintiffs the following reliefs: ...