CATHERINE AFEKU & 2 ORS VRS PATRICK GICK & 3 ORS. (BMISC 223/2014) [2024] GHAHC 95 (3 May 2024)

CATHERINE AFEKU & 2 ORS VRS PATRICK GICK & 3 ORS. (BMISC 223/2014) [2024] GHAHC 95 (3 May 2024)

Plaintiffs failed to prove beyond reasonable doubt that the judgment in Suit No. RPC 245/06 was obtained by fraud. The video evidence was unreliable, authenticity not established, and material witness not called. Emails did not establish fabrication of evidence. Judgment in Suit No. RPC 245/06 was based on credibility and documentary evidence, not deception. Plaintiffs' claim dismissed.

Citation
CATHERINE AFEKU & 2 ORS VRS PATRICK GICK & 3 ORS. (BMISC 223/2014) [2024] GHAHC 95 (3 May 2024)
Parties
Plaintiff: Catherine Afeku; Plaintiff: Seth Afeku; Plaintiff: Polymath Enterprise Limited; Defendant: Patricia Gick; Defendant: Bill Gick; Defendant: David Thomas; Defendant: Francis Kaku Nokoe
Court
ghahc
Jurisdiction
Ghana
Judgment Date
3 May 2024
Procedural Posture
Civil / Final Judgment
Outcome
claim dismissed
Legal Topics
Setting Aside Judgment, Fraud in Judicial Proceedings, Burden of Proof, Perjury, Estoppel
Source Language
eng
Civil Procedure Fraud Evidence Setting Aside Judgment Fraud in Judicial Proceedings Burden of Proof Perjury Estoppel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Catherine Afeku

Plaintiff

Seth Afeku

Plaintiff

Polymath Enterprise Limited

Plaintiff

Patricia Gick

Defendant

Bill Gick

Defendant

David Thomas

Defendant

Francis Kaku Nokoe

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the judgment in Suit No. RPC 245/06 was obtained by fraud
  2. 2 Whether the video evidence establishes fraud
  3. 3 Whether the plaintiffs are entitled to reliefs sought

Ratio Decidendi

Plaintiffs failed to prove beyond reasonable doubt that the judgment in Suit No. RPC 245/06 was obtained by fraud. The video evidence was unreliable, authenticity not established, and material witness not called. Emails did not establish fabrication of evidence. Judgment in Suit No. RPC 245/06 was based on credibility and documentary evidence, not deception. Plaintiffs' claim dismissed.

Court Disposition

claim dismissed

Orders

  • Plaintiffs' claim dismissed
  • Defendants awarded costs of GHS 20,000.00