GRACE ASUAMAH AND VICTOR OWUSU vs. FELICIA ADOFO (SUSSITUTED BY DONNA A. OKORIE)

ADJEI FRIMPONG JA: The quest of this appeal is essentially, to determine whether or not the conclusion of the trial court that, the judgment pronounced in two previous consolidated suits was obtained by fraud, can be justified. As it pertained in the trial court, the issue of fraud relative to the aforesaid judgment lies at the heart of this appeal. For convenience, we first relate the short history of the dispute as follows: Sometime around 1993 and 1994, two separate suits were commenced at the High Court Accra. The first suit bearing number L 437/94 was entitled: FELICIA ADOFO VRS VICTOR OWUSU KWAKU OBENG MRS OBENG. The plaintiff in that suit was Felicia Adofo, mother and predecessor of the present defendant/appellant (appellant). She had sought as against the three defendants, a declaration of title and other ancillary reliefs in respect of a plot of land described as situate at Dome Village Accra. The 1st defendant in that suit Victor Owusu is one of the respondents in t...