Ansong and Another Vrs Ghana Airports Company [2013] GHASC 139 (23 January 2013)

Ansong and Another Vrs Ghana Airports Company [2013] GHASC 139 (23 January 2013)

The Plaintiffs' pleadings did not disclose sufficient particulars of fraud to warrant a trial. The action was an abuse of court process as the matter had already been determined and no new facts were pleaded to justify re-opening the case. The appeal was therefore dismissed.

Citation
[2013] GHASC 139
Parties
Plaintiff/respondent/appellant: Osei Ansong; Plaintiff/respondent/appellant: Passion International School; Defendant/appellant/respondent: Ghana Airports Company Ltd
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 January 2013
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Res Judicata, Fraud in Civil Proceedings, Pleadings, Summary Judgment
Source Language
English
Civil Procedure Abuse of Process Res Judicata Fraud in Civil Proceedings Pleadings Summary Judgment

Case Brief

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Parties

Osei Ansong

Plaintiff/respondent/appellant

Passion International School

Plaintiff/respondent/appellant

Ghana Airports Company Ltd

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the Plaintiffs' writ disclosed sufficient particulars of fraud to warrant a trial
  2. 2 Whether the Plaintiffs' action was an abuse of court process due to res judicata and the rule in Henderson v Henderson
  3. 3 Whether the judgment was against the weight of evidence

Ratio Decidendi

The Plaintiffs' pleadings did not disclose sufficient particulars of fraud to warrant a trial. The action was an abuse of court process as the matter had already been determined and no new facts were pleaded to justify re-opening the case. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed