LARRISON MUSTAPHA vs. REV. JAKES KWARTENG ACHEAMPONG

RULING Introductory Remarks I will commence this ruling by quoting a paragraph from the dissenting opinion of Francois JSC in Dzotepe v. Hahormene III [1987-88] 2 GLR 681 at 701 where he stated as follows: “There is no denying that a judgment obtained by fraud is in the eyes of the court no judgment, as it is not founded on the intrinsic merits of the case, but is borne of an attempt to overreach the courts by deceit and falsehood. … But the fact that courts abhor fraud should not make them insensitive to the just claims of victorious parties. The judicial edifice was not constructed to lend a ready ear to every cry of fraud from suitors who have lost on the merits. If charges of fraud are not examined closely, the stratagem would subvert the very administration of justice and undermine the hallowed principle that a victorious party is entitled to the fruits of his judgment and should not be deprived of his victory without just cause. In effect, fraud must be clearly set out...