EMMANUEL SACKEY (REV) & 2 ORS vs. YAW & 14 ORS

JUDGMENT INTRODUCTION In this interpleader proceedings the vexed question is whether a judgment regularly obtained and executed against an Agent/licensee could be set aside by the Principal/Licensor after execution? This question rides on the back of the dictum of Kotey Jsc. who on behalf of the Supreme Court admonished judges to be loathed in reversing judgments and post execution Aprocesses. In the case of OPANIN E. K. AGYARKWA VRS JAMES FOLAGIN & OTHERS (Unreported CIVIL APPEAL SUIT NO. J4/58/2019, delivered on the 11TH MARCH, 2020) Kotey, JSC speaking for the apex court expressed the policy rationale in these terms at page 9; “Policy Rationale There are also strong policy reasons why courts should be loath to set aside judgments after execution has ended. An efficient legal system is based on certainty and predictability as much as justice and fairness. Allowing parties and other aggrieved persons to overturn judgments and completed execution processes is a v.....