JESSE W.N FLAMER AND ANOTHER vs. KOFI AGYEMANG AND ANOTHER

The appellants commenced a fresh action in the Land Division of the High Court, Accra, seeking declarations that a 1977 statutory declaration describing Odai Ntow family lands was false and fraudulent, that a prior High Court judgment founded on that description had been obtained by fraud, and an order setting aside that judgment. Their case was that in an earlier land suit, the respondents and their grantors relied on a 1977 statutory declaration and testimony said to represent the effect of the 1904 Bosompim v. Martei judgment, but that the true 1904 judgment plan had different and smaller boundaries and had been deliberately concealed from the court. The respondents denied fraud and contended that the fresh action was frivolous, vexatious, and an abuse of process because the appellants had already appealed against the earlier judgment and were attempting to relitigate the same dispute through a new writ. [Portions: opening paragraphs setting out reliefs sought; averments in statement of claim; defence averments that appeal was pending and action was abuse of process.]