A Kumasi High Court on Monday granted leave to plaintiff, Solomon Koduah, who is seeking to amend a writ of summons per a motion on notice, filed before the Court on December 15, 2020.
The plaintiff claims the judgment given by His Lordship Justice KwasiDapaah, in favour of the Defendant/Respondent, Derrick AddoBimpeh, against one AmaKonadu on January 23, 2020 was obtained by fraud.
On January 23, 2020, His Lordship Justice KwasiDapaah, in delivering judgment declared that Plot No. 1 Block ‘L’ on Otumfuo’sAkunafuohene’s land at Afrancho in the AfrigyaKwabre South district belongs to the plaintiff business man, Mr. Derrick AddoBimpeh.
The court awarded GHc40,000 general damages to the plaintiff against the defendant Madam AmaKonadu for trespass.
The court further ordered that the defendant and her agents and assigns to be restrained from entering the said land or interfere with the plaintiff’s right and interest in the plot of land and also awarded a cost of GHc10,000 to the plaintiff against the defendant.
The said judgment followed the adoption of witness statements filed by both parties who claimed ownership of Plot No. 1, Block ‘L’ also known as Plot No 7. Block ‘I’ at Afrancho near Kumasi.
Based on oral and documentary evidence, including a lease, a site plan, receipts, building permits and various correspondences by the plaintiff, His Lordship Justice KwasiDapaah on January 23, 2020 entered judgment for the plaintiff who acquired the plot from Kunafuo Stool per Nana BarimaOtuoAchemapong, Otumfuo’sAkunafuohene in 2012.
However, the plaintiff in the instant case, Solomon Koduah, who claims ownership of the land in dispute, is praying the Court to render the judgment and all the consequential orders void because the judgment was obtained by fraud.
Plaintiff Koduah per his counsel, Joseph Kwame Osam Esq of KAB Legal Consult (Adansiman Chambers) in Kumasi, believes the proposed amendment will help the court to decide the case completely and finally avoid multiplicities of suits and ensure that justice is served.
He claimed he had catalogued all the fraudulent conduct of the defendant and, therefore, needed to be given the chance to amend paragraph 16 of the statement of claim.
Lawyer BaffourOkyereSiabour, counsel for the defendant opposed the application citing Order 11, Rule 18 (1b) explaining that the element of fraud was not particularised in the plaintiff’s statement of claim and, therefore, granting the motion would impede justice.
The defendant/respondent Derrick AddoBimpeh in an affidavit of opposition has opposed the proposed amendment by the Plaintiff.
The deponent explained that the motion for amendment is not cognisable by law and that the very application is misconceived.
He further explained that the application seeks to give the court the power to set aside the judgment of the court, arguing that it is legally impossible for a court to set aside judgment, regularly delivered by a court of coordinate jurisdiction.
The defendant/respondent noted that since the ownership of the disputed plot of land had already been determined by a court and the allegation of fraud was not particularised, the court could by Order 11 Rule 18(1) strike out the action.
He said motion is not based on new facts but facts relied on by the grantor of the plaintiff and that the suit is a clear case of abuse of process for which the amendment be dismissed, adding that the claims by the plaintiff is bogus as he was privy to the previous suit.
But Justice Samuel ObengDiawuo, presiding over the Court for His Lordship Justice AmedaherSenyo of High Court (Lands Court 1) who is on leave, gave the applicant leave to prove his claim because it is a matter of evidence stressing that the onus rested on the plaintiff to prove his allegation of fraud.
The court further stated that leave was granted on grounds of law and that the defendant has ample opportunity to respond to the claims by the plaintiff.
The post Court grants plaintiff leave to prove alleged fraud in judgement appeared first on The Chronicle Online.
Read Full Story
Facebook
Twitter
Pinterest
Instagram
Google+
YouTube
LinkedIn
RSS