ZOLTAN POZSONYI ACTING PER HIS LAWFUL ATTORNEY EKOW FYNN THOMPSON (PLAINTIFF / APPELLANT) vs. KORL LIMITED, JOHN ACOLATESE AND PATAKI IMRE [2013]DLCA6788

ZOLTAN POZSONYI ACTING PER HIS LAWFUL ATTORNEY EKOW FYNN THOMPSON (PLAINTIFF / A... [2013]DLCA6788

Date	2013-04-11
Suit No.	H1/180/2012
Citation No.	[2013]DLCA6788

ASARE-KORANG J.A. (PRESIDING)

I. D. DOUSE J.A.

SIR DENNIS D. ADJEI J.A.

B. W. TAMAKLOE FOR PLAINTIFF/APPELLANT

MRS SUMMERS DARKO FOR DEFENDANTS/RESPONDENTS

[2013]DLCA6788
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													<main id="main" class="content" style="min-height: 60rem" >ZOLTAN
POZSONYI ACTING PER HIS LAWFUL ATTORNEY EKOW FYNN THOMPSON<o:p></o:p>(PLAINTIFF
/ APPELLANT)<o:p></o:p>vs.<o:p></o:p>KORL
LIMITED, JOHN ACOLATESE AND PATAKI IMRE<o:p></o:p>(DEFENDANT/ RESPONDENTS)<o:p></o:p><o:p>&nbsp;</o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 11TH APRIL, 2013<o:p></o:p>

<p class="MsoNormal" style="margin-bottom:0in;margin-bottom:.0001pt;text-align:
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padding:0in;mso-padding-alt:0in 0in 1.0pt 0in">MRS SUMMERS DARKO FOR
DEFENDANTS/RESPONDENTS <o:p></o:p>

ASARE-KORANG J.A. (PRESIDING), I. D.
DOUSE J.A., SIR DENNIS D. ADJEI J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>ASARE
KORANG, J. A. <o:p></o:p>This
appeal is against the ruling of Her Ladyship, Mrs Felicity Amoah, J., delivered
by her in the High Court, Accra on 16th February 2010. The said ruling
dismissed an application brought by the plaintiff/appellant (plaintiff for
short) to set aside two rulings of the High Court dated 4th March, 2003 and 16th
April 2003 respectively and an order of the High Court dated 27th March, 2009. <o:p></o:p>In
the court below, the facts relied upon were that the plaintiff a foreigner who
could not speak, read or write English was introduced to the 2nd
defendant/respondent who represented to plaintiff that he was the executive
chairman of the 1st Defendant/respondent - company which could buy gold and
export it out of Ghana; the 3rd Defendant/respondent being the intermediary who
introduced the 2nd defendant/respondent to the plaintiff in 1995. <o:p></o:p>In
this appeal, the defendants /respondents shall simply be referred to as the
1st, 2nd and 3rd defendants. <o:p></o:p>According
to the facts, it is said that the plaintiff who was completely ignorant of the
laws of Ghana, was induced by representations made to him by 2nd defendant that
2nd defendant had a licence to sell and export gold, to enter into an agreement
with the 1st Defendant company to sell to the plaintiff 100 kgs of gold valued
at 850,000 US dollars. The gold was to be shipped to the plaintiff in Europe. <o:p></o:p>An
agreement was duly signed between the plaintiff of the one part and the 2nd
defendant of the other part as the executive chairman of the 1st Defendant -
company with the 3rd defendant appending his signature to the agreement as a
witness. <o:p></o:p>Following
the signing of the sale and export agreement, the plaintiff paid the sum of
155,000 US dollars to the 2nd Defendant as a deposit, the balance of the
purchase price to be paid into the 1st defendant's account in Switzerland five
working days after the delivery of the 100kgs of gold.<o:p></o:p>Thereafter,
the 1st and 2nd defendants in breach of the agreement failed and/or refused to
deliver any gold to the plaintiff and they also refused to refund the 155,000
US dollars paid to them in spite of repeated demands by the plaintiff. In the
circumstances, the plaintiff sued the defendants jointly and severally for a
refund of the said sum of 155,000 US dollars paid to them. <o:p></o:p>The
defendants failed and/or neglected to file a Statement of Defence after service
on them of the Writ of Summons together with the Statement of Claim and on 22nd
July 1999, judgment was entered in favour of the plaintiff in the matter. <o:p></o:p>It
is alleged that on 13th January 2000, about six months after the judgment, the
defendants filed an application for review of the judgment which was dismissed
by the learned trial judge who ruled that the proper step open to the
defendants was to appeal and not to apply for a review of the judgment. The
trial judge therefore granted the defendants leave to appeal against the
judgment within one month. <o:p></o:p>According
to the plaintiff, the defendants failed to comply with the order of the court.
Instead, three years after the dismissal of the defendants application for
review and four years after judgment had been entered in favour of the
plaintiff in the matter, the defendants on 13th February 2003, without the
knowledge of the plaintiff, brought an application before another judge, and
withholding from the judge the full facts and circumstances, fraudulently
obtained a ruling dated 4th March 2</main>