[2020]DLHC9971November 12, 2020High Court

LARCUS FORT HOTEL LTD vs. AVE MARIA HOLDING LTD AND PRUDENTIAL BANK LTD

In the recent case of John Bobie v 21 Century Constructions Ltd & 7 Ors, Civil Appeal No. J4/5/2014 dated 9th March 2016, the Supreme Court speaking through Pwamang JSC, decried the growing phenomenon creeping into our civil jurisprudence whereby litigants imprudently employ fraud as an engine to impeach previous judgments of courts of co-ordinate jurisdiction. In the words of the eminent jurist:- “There is a tendency by litigants to use the cover of allegation of fraud against a judgment to get a court of co-ordinate jurisdiction to question the validity of a judgment of a sister court but the courts have to be firm in disallowing that course of proceeding.” The above pronouncement, in my humble view, is without doubt the product of sound juridical wisdom, from which, I would not for my part, sanction any departure. FACTS The facts giving rise to this instant application are not difficult to fathom. On the 29th day of January 2020, the Plaintiff herein issued the in...