[2023]DLCA17662December 21, 2023Court of Appeal

JOHN SIMPSON & A. G. MARKETING COMPANY LIMITED vs. VISTA MINING CORPORATION & 2 ORS

JUDGMENT KWAMINA BAIDEN, JA. In this appeal, the designation of the parties in the Court below shall be maintained. The Plaintiffs instituted action to set aside a judgment of the High Court, Accra in Suit No. FT (IV) 8/2001 on the ground that the judgment was obtained by fraud. This appeal is in respect of the decision of the High Court dated 13th December, 2013 which dismissed the suit. By a writ of summons dated 6th February, 2022, the Plaintiffs instituted an action against the Defendants claiming the following reliefs: a. A declaration that the Fast Track High Court judgment in Suit No. FT (IV) 8/2001 delivered on the 13th day of March, 2003 by His Lordship B. T. Aryeetey JA sitting as additional High Court Judge in the Greater Accra Region which was obtained by fraudulent misrepresentation by the 1st and 3rd defendants. b. A Declaration that the Fast Track High Court judgment in Suit No. FT (IV) 8/2001 delivered on the 13th day of March, 2003 by His Lordship B. T. Aryeetey J...