EVANS QUARSHIE TEYE, JAMES AGALGA & 13 ORS vs WILLIAM KPORMATSI

RULING A clear cut procedure as to how a stranger may apply to set aside a Judgment of the Court where the stranger is injuriously or adversely affected by the Judgment has been stated by the Courts in a number of cases including: Gbago v. Owusu (1972) 2 GLR 252; Lamptey v. Hammond (1987-88) GLR 327 and Wolley v. Nsiah (2003-2005) 1 GLR 69. The Court of Appeal in the Wolley case held just as in the other cases that “the established procedure by which a stranger to a previous action could acquire capacity to seek to set aside a completed judgment in that action which had injuriously or adversely affected him was either to obtain leave of the Defendant in the suit to use his name and then apply to the court in that name to have the Judgment set aside or he could take out summons(in today’s dispensation a motion) in his own name but then he should serve the summons on both the Plaintiff and the Defendant and ask for leave of the court to set aside the judgment and to be allowed ...