[2015]DLHC3546 • December 1, 2015 • High Court
JOHN FREEMAN DONKOR vs. ALBERT FYNN
The Plaintiff, John Freeman Donkor, was sued in a prior suit (C2/368/08) by Small Scale Financial Assistance Company Ltd, which resulted in a judgment against him. The Plaintiff alleges that the judgment was obtained by fraud because the company was not registered and thus lacked legal capacity to sue. The Defendant, Albert Fynn, who represented the company, denies fraud and counterclaims for monies owed by the Plaintiff related to a hotel renovation.
read moreBy his amended writ of summons and statement of claim filed on 24/05/2011, the Plaintiff herein claimed the following reliefs : a) A declaration that Defendant Fraudulently obtained Judgment in suit Number C2/368/08 titled SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD VRS 1. JOHN FREEMAN DONKOR 2. AGYIN when defendant represented that SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD was a creature known in law when the said company was unknown to company law regime in Ghana b) A declaration that the said SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD had no capacity in law to have instituted the said action in suit C2/368/08. c) Setting aside judgment obtained by fraud in the said suit C2/368/08 and all its consequential orders. d) Costs. Simply put, the case of the Plaintiff was that he was sued at the High Court in Kumasi in a suit entitled SMALL SCALE FINANCIAL ASSISTANCE COMPANY LTD v. 1. JOHN FREEMAN DONKOR and 2. Agyin Suit No: C2/368/08. Judgment was entered in favour ...