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AMPIM II
V.
BEDIAKO I

(1984) JELR 65670 (HC)

High Court 14 Dec 1984 Ghana
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- The defendant-applicant is seeking to set aside a default judgment entered against him. - The defendant-applicant claims that the land in dispute belongs to the Manso Amenfi stool and that he granted the land to the plaintiff under a mist

Case Details

Judges:AMUAH J.
Counsel:J.A. DAWSON FOR THE DEFENDANT-APPLICANT; JAMES MERCER FOR THE PLAINTIFF-RESPONDENT.

AMUAH J.: In this motion the defendant-applicant is praying for an order of this court to set aside a default judgment entered against him on 3 August 1981 under Order 27 r. 16 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The grounds for the application are sufficiently set out in the affidavit attached hereto. After explaining the cause of delay in filing a defence he went on to state that he had a good defence. In paragraph 7 of his affidavit he stated that:

“The land the subject matter in dispute is land which belongs to the Manso Amenfi stool and I granted the land to the plaintiff under a mistaken belief that I could grant same.”

In the ensuing argument Mr. James Mercer, learned counsel for the plaintiff-respondent, relied on a plea of estoppel and asked the court to dismiss the applicant’s motion. Mr. Mercer began with the point raised by Mr. Dawson, learned counsel for the defendant-applicant, that the judgment was obtained irregularly since Order 27, r. 7 was not…

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