ANTHONY KUMI
V.
KAMASA AMEZUYI ASIKUMAH AND THOMAS GADI

(2014) JELR 65394 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. HI/40/2012 ·  9 Apr 2014 ·  Ghana
CORAM
HONYENUGA J.A. (PRESIDING), ADJEI J.A., ACKAH-YENSU (MS) J.A.
Core Terms Beta
appellant
plaintiff
rule
respondent
2nd defendant
suit no. e2/3/07
trial judge
instant appeal
clear days
default of defence
short service
rules of court
1st defendant
appeal
azinogo v w.e. august
default judgment
civil procedure
ex parte allgate co. ltd.
ground of fraud
instant suit
learned trial judge
rules of natural justice
3rd day of february
rules of procedure
appellant’s claim
appellant’s suit
basare v sakyi
brother of the 2nd defendant
c. j. honyenuga
clear day
court order
decision of the high court
defendant fails
ex debito
ex parte allgate case
following issues
learned counsel
merits of the case
plaintiff files
reason of the short service of the application
receipt of the record of proceedings
relevant legislation
republic v high court accra
result of that suit
said judgment
service of notice of motion
set aside
time of the suit none
virtue of order
weight of evidence

HONYENUGA, J.A.

This is an appeal by the plaintiff/appellant against the decision of the High Court, Tarkwa dated the 3rd day of February, 2011. The said judgment dismissed the plaintiff/appellant’s suit and awarded costs of GH¢1,000.00 against him.

The facts culminating into this appeal are that one Appolo, a brother of the 2nd defendant/respondent approached the plaintiff/appellant to sign a bail bond for the 2nd defendant/respondent. The plaintiff/appellant signed the bail bond when pressure was put on him to do so. The 1st defendant/respondent informed the plaintiff/appellant that the 2nd defendant/respondent had two tower lights with Engineers and Planners Company Limited which would yield income to liquidate the 2nd defendant/respondent’s indebtedness. The plaintiff/appellant repaired the tower lights at a cost of GH¢800.00. After it had worked for two months, the seller by a Court Order seized them because the 2nd defendant/respondent did not fully pay for them. The plaintiff/app…

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