DZOTEPE v. HAHORMENE III Practice and procedure—Judgment obtained by fraud—Application to set aside—Proper method of impeaching judgment on ground of fraud—Dispute as to title to land—Circuit court finding 1953 judgment of native court in favour of predecessor of defendant obtained by fraud—Court of appeal allowing defendant's appeal in 1978 on ground of res judicata — Issue of fraud not considered by Court of Appeal—Plaintiff subsequently successfully bringing fresh action in High Court to impeach 1953 judgment—Whether fresh action maintainable.