Quainoo Vrs Hanoo and Another [2023] GHAHC 121 (11 January 2023)

Quainoo Vrs Hanoo and Another [2023] GHAHC 121 (11 January 2023)

The application to set aside the writ is dismissed because the applicant failed to raise objections within the required time, took further steps in the proceedings, and the inclusion of other reliefs does not render the writ a nullity. The court has jurisdiction to hear the matter regarding fraud and may strike out or refuse to grant reliefs outside its jurisdiction. The particulars of fraud were sufficiently pleaded to inform the defendants.

Citation
[2023] GHAHC 121
Parties
Plaintiff: Cecilia Aba Quainoo; Defendant: Gloria Hanoo; Defendant: Edwin Boateng
Court
High Court
Jurisdiction
Ghana
Judgment Date
11 January 2023
Procedural Posture
Civil / Ruling on Application to Set Aside Writ of Summons
Outcome
application dismissed
Legal Topics
Jurisdiction, Abuse of Process, Setting Aside Judgment, Fraud, Res Judicata
Source Language
English
Civil Procedure Jurisdiction Abuse of Process Setting Aside Judgment Fraud Res Judicata

Case Brief

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Parties

Cecilia Aba Quainoo

Plaintiff

Gloria Hanoo

Defendant

Edwin Boateng

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Writ of Summons

Legal Issues

  1. 1 Whether the writ of summons is irregular and a nullity for including other reliefs besides setting aside judgment for fraud
  2. 2 Whether the court lacks jurisdiction due to additional reliefs endorsed on the writ
  3. 3 Whether the writ is an abuse of process and offends the doctrine of res judicata

Ratio Decidendi

The application to set aside the writ is dismissed because the applicant failed to raise objections within the required time, took further steps in the proceedings, and the inclusion of other reliefs does not render the writ a nullity. The court has jurisdiction to hear the matter regarding fraud and may strike out or refuse to grant reliefs outside its jurisdiction. The particulars of fraud were sufficiently pleaded to inform the defendants.

Court Disposition

application dismissed

Orders

  • Application to set aside the writ of summons is dismissed.