Unfortunately, the applicant did not depose or narrate the indorsement on the said writ of summons issued by the Interested Party for the purpose of setting aside the judgment of the Supreme Court. That omission was supplied by the Interested Party in paragraph 36 of his affidavit in opposition where he deposed that the writ of summons and the accompanying statement of claim “seeks to set aside the judgment of the Supreme Court dated 25th July 2018 as same was procured by fraud”. It is common knowledge, as held in Dzotepe vs. Hahormene III [1987-88] 2 GLR 681 that:
“The settled practice of the Court is that the proper method of impeaching a completed judgment on the ground of fraud is by action in which the particulars of fraud must be exactly given, and the allegation established by strict proof.” See also the case of Osei-Ansong & Passion International School vs. Ghana Airports Co. Ltd. [2013-2014] 1 SCGLR 25, where the above principle on fraud was re-emphasized by
this Court. 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. In this case, the writ and the accompanying statement of claim was issued by the Interested Party before the High Court. In suit number J4/ 10/ 2023, titled Isaac Antwi vs Obiri Yeboah Atuahene, a judgment of the Supreme Court delivered on the 18th May 2023, I stated, among others, that:
“It must also be pointed out that, a judgment which is sought to be set aside on grounds of fraud cannot be flagged before a Plaintiff under the pretext that that very judgment which is under attack is as potent as to find and establish estoppel against the Plaintiff who is attacking that very judgment”.