ASANTEY VRS. NDK FINANCIAL SERVICES LIMITED (CM/RPC/0206/2024) [2024] GHAHC 68 (30 April 2024)

ASANTEY VRS. NDK FINANCIAL SERVICES LIMITED (CM/RPC/0206/2024) [2024] GHAHC 68 (30 April 2024)

The Plaintiff/Respondent's present suit is an abuse of process and barred by res judicata, as the issues of unconscionability and the validity of the audit report were already determined by the Court of Appeal in its 2016 judgment. The Plaintiff, having been represented by counsel in the original consent judgment, cannot now challenge its terms as unconscionable. The audit report cannot be set aside for fraud without joining its author. The suit is accordingly dismissed.

Citation
ASANTEY VRS. NDK FINANCIAL SERVICES LIMITED (CM/RPC/0206/2024) [2024] GHAHC 68 (30 April 2024)
Parties
Plaintiff/respondent: Joseph Ade Coker; Defendant/applicant: NDK Financial Services
Court
ghahc
Jurisdiction
Ghana
Judgment Date
30 April 2024
Procedural Posture
Civil (commercial Division) / Ruling on Motion to Dismiss (order 11 Rule 18 of C.i. 47)
Outcome
Application to dismiss suit granted; suit set aside as abuse of process.
Legal Topics
Res Judicata, Abuse of Process, Unconscionability, Fraud, Consent Judgment, Summary Dismissal
Source Language
eng
Civil Procedure Contract Law Commercial Law Res Judicata Abuse of Process Unconscionability Fraud Consent Judgment +1 more

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Parties

Joseph Ade Coker

Plaintiff/respondent

NDK Financial Services

Defendant/applicant

Procedural Posture

Civil (commercial Division) / Ruling on Motion to Dismiss (order 11 Rule 18 of C.i. 47)

Legal Issues

  1. 1 Whether the present suit is barred by res judicata or amounts to an abuse of process
  2. 2 Whether the Plaintiff/Respondent's claims of unconscionability and fraud raise triable issues or have already been adjudicated
  3. 3 Whether the audit report can be set aside for fraud without joining its author

Ratio Decidendi

The Plaintiff/Respondent's present suit is an abuse of process and barred by res judicata, as the issues of unconscionability and the validity of the audit report were already determined by the Court of Appeal in its 2016 judgment. The Plaintiff, having been represented by counsel in the original consent judgment, cannot now challenge its terms as unconscionable. The audit report cannot be set aside for fraud without joining its author. The suit is accordingly dismissed.

Court Disposition

Application to dismiss suit granted; suit set aside as abuse of process.

Orders

  • Plaintiff/Respondent's suit CM/BDC/0211/2023 is set aside as an abuse of process.
  • Costs of GHS 5,000.00 awarded in favour of the Defendant/Applicant against the Plaintiff/Respondent.