Amissah Vrs Arthur and Others [2023] GHAHC 2 (27 January 2023)

Amissah Vrs Arthur and Others [2023] GHAHC 2 (27 January 2023)

Plaintiff failed to adduce credible evidence to prove fraud or misrepresentation regarding the power of attorney or the Plaintiff's incapacity. The authenticity of the power of attorney was not effectively challenged, and no forensic evidence was provided. The Plaintiff did not prove fraud beyond reasonable doubt as required by law.

Citation
Amissah Vrs Arthur and Others [2023] GHAHC 2 (27 January 2023)
Parties
Plaintiff: Aba Amissah; Defendant: Nicholas K. Arthur; Defendant: John Justice K. Arthur; Defendant: Esi Manu
Court
ghahc
Jurisdiction
Ghana
Judgment Date
27 January 2023
Procedural Posture
Civil / Final Judgment
Outcome
case dismissed
Legal Topics
Fraud, Misrepresentation, Power of Attorney, ADR, Setting Aside Judgment
Source Language
eng
Civil Procedure Property Law Fraud Misrepresentation Power of Attorney ADR Setting Aside Judgment

Case Brief

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Parties

Aba Amissah

Plaintiff

Nicholas K. Arthur

Defendant

John Justice K. Arthur

Defendant

Esi Manu

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the 3rd Defendant misrepresented and perpetrated fraud in procuring the settlement of the case at the Circuit Court, Cape Coast through the Court Connected ADR

Ratio Decidendi

Plaintiff failed to adduce credible evidence to prove fraud or misrepresentation regarding the power of attorney or the Plaintiff's incapacity. The authenticity of the power of attorney was not effectively challenged, and no forensic evidence was provided. The Plaintiff did not prove fraud beyond reasonable doubt as required by law.

Court Disposition

case dismissed

Orders

  • Plaintiff's case dismissed
  • Costs of GH¢3,000.00 awarded against Plaintiff in favour of Defendants