Setting aside judgments in Ghana case law.

It must be pointed out that there is no authority to the effect that a judgment of the Supreme Court can never be impeached on the grounds of fraud. It is, therefore, not sacrilegious and neither is it a taboo for a party who has evidence that a judgment of the apex Court has been obtained by fraud, to issue a writ of summons with an accompanying statement of claim to seek, by due process, a declaration to that effect. Indeed, that writ of summons can only be issued before a trial Court.

THE REPUBLIC vs. HIGH COURT (GENERAL JURISDICTION 8), ACCRA EX PARTE DANIEL OFORI ECOBANK GHANA LIMITED CIVIL MOTION NO: J5/93/2024 [2025] SLR (SC) 1 · Supreme Court · 2025 · ASIEDU JSC

It follows, therefore, that the High Court may entertain a suit in which a judgment of the Supreme Court is sought to be impeached on grounds of fraud. Whether or not a judgment of a Court was obtained by fraud is a mix question of law and facts. Indeed, where a party pleads fraud in an action, that party is required to give particulars of the alleged fraud and marshal evidence at the trial to prove the allegation of fraud.

THE REPUBLIC vs. HIGH COURT (GENERAL JURISDICTION 8), ACCRA EX PARTE DANIEL OFORI ECOBANK GHANA LIMITED CIVIL MOTION NO: J5/93/2024 [2025] SLR (SC) 1 · Supreme Court · 2025 · ASIEDU JSC

The law on the point is, that where a judgment has been obtained by fraud, one of two remedies is open to a party who seeks to avoid it; he may either institute an action in the appropriate court to set the judgment aside on the grounds of the said fraud, or he may institute a fresh action raising the identical issues as those in that other suit.

DONKOH V. NKRUMAH AND OTHERS [1964] GLR 739 [1964] SLR (SC) 22 · Supreme Court · 1964 · OLLENNU JSC