RICHARD ADOM FRIMPONG vs. MAJOR McDORBIE

AKOTO BAMFO (MRS), J.S.C:- On the 14th of July 2014, the applicant herein filed this motion for an order ‘’to stay execution of the Ruling of the court of Appeal’’ on the grounds stated in the supporting affidavit. The said affidavit sets out in detail the events that culminated into the present application The applicant averred that 2 suits involving him, the respondent and one other over the same subject matter, the land in dispute, were consolidated and tried by the High Court. Judgment went in favour of the respondent herein. The applicant appealed against the decision to the Court of Appeal which reversed same. Upon an appeal filed by the respondent, the Supreme Court, on 30th January 2013 pronounced on the matter, set aside the judgment of the Court of Appeal and restored the decision of the High Court. Thereafter the applicant made a discovery that the High Court judgment was obtained by fraud and therefore commenced a fresh action in the High Court for these declara...