(1984) JELR 65670 (HC)    
High Court  ·  14 Dec 1984 ·  Ghana
Core Terms Beta
statutory declaration
l.n. 140a
manso amenfi stool
customary law
paramount stool family
basic facts
declaration of title
default judgment
mistaken belief
recovery of land
rule of equity
status of a divisional chief
traditional council
akyeamehene nana attobrah ii
cause of delay
civil procedure
councillors of the paramount stool
deed evidence
elders of the paramount stool family
ensuing argument mr. james mercer
favour of the plaintiff
good defence
high court
law of evidence
legal principle
letter of that date
manso amenfi
medical report
nature of a plea of estoppel
order of this court
particular fact
part of the defendant-applicant
plaintiff of a parcel of land
plea of estoppel
question of estoppel
recommendation of the ad-hoc committee
recommendations of the ad-hoc committee a
relevant sections of n.r.c.d.
rule of evidence
second statutory declaration
subject matter
third party
wassaw amenfi traditional area
written document

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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