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The tale of the illustrious Professor of Law, the highly respected Professor Kwame Gyan, the learned Emmanuel Addai and his 352 clients is told in the 15th May, 2025 case of Yaw Anokye & 351 Ors. v Rev. Agnes Boateng Suit No. ASH/ADK/HC/E13/08/25.
In his methodical procedure of disposing of issues around which Judges resolve legal disputes, the learned former Law teacher with experience in litigation and corporate legal practice, Justice Dr. Poku Adusei tells the tale between the characters above as he produces a go-to source of legal authority in striking out pleadings on grounds of an abuse of the Court's process as provided under Order 11 rule 18(1)(d) of the High Court Civil Procedure Rules, C.I 47.
In the said case, the Land Law demi-god, Prof Kwame Gyan, representing the lone ranger party, Rev. Agnes Boateng applied to the High Court, Kumasi, Presided by Justice Dr. Poku Adusei, siting as an additional High Court Judge to strike out the writ of the Plaintiffs, numbering 352 on grounds that the issues brought by the parties are res judicata, with the very same High Court disposing of a matter between the parties in 2019 under the hand of Justice Obeng-Diawuo J.A.
The 352 Plaintiffs, through their Lawyer, the learned Emmanuel Addai argued against the application of Professor Kwame Gyan, urging on the Court the procurement of the earlier Judgment of the Court in the matter through fraud. The Court was unimpressed with the tale of Mr. Addai as it pooled and relied on a collection of authorities on abuse of the Court's machinery and the treatment of fraud raised in civil matters.
In his 20-paged ruling, His Lordship granted the application of his former colleague at the University of Ghana School of Law thereby upholding the decision of the Court granting title to the Applicant to 12 plots of land situate at Asokwa New Site-Amakom, Kumasi which houses the Plaintiffs/Respondents who trade and conduct business on the land juicily located in the heart of Kumasi. Below is the full ruling of the Court which illuminates the feet of a Lawyer or Judge in an application or matter on abuse of the Court's process and fraud in civil litigation.
1 day ago
18th May, 2026
16th May, 2026
16th May, 2026
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