DR. DATE-BAH JSC: The Facts

What is in issue in this suit is the jurisdiction of the High Court to hear a fresh action challenging an aspect of a consent judgment entered by a court of coordinate jurisdiction.  The applicant bank brought action in the Commercial Division of the High Court against the interested parties in this suit in respect of a loan transaction.  The parties to that suit agreed to settle their dispute and their agreement was embodied in a consent judgment of the Commercial Division of the High Court.  