Mensa Boison J. On 14 November 1974, this court allowed an appeal against the decision of the District Court Grade II, Nkoranza, by which that court dismissed the claim of the plaintiff-appellant (hereafter referred to as the plaintiff) for a debt of ¢300.00. On 16 December 1974, the defendant-respondent (hereafter*Page 353 referred to as the defendant) by counsel pursuant to a motion filed on 2nd December 1974, moved this court to set aside the judgment on the appeal and to re-list the appeal for fresh hearing.
The application was moved under Order 27, r. 16 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140 A), and counsel for the plaintiff took a legal objection against the rule. Learned counsel contended that Order 27, r. 16 was applicable where a judgment had been obtained in default of pleadings; but where, as in this case, an appeal had been heard in absence of the party, then the application to set aside the judgment therein lies under Order 36, r. 18. Even so …