JIAGGE J.A.
This appeal is from the ruling of the circuit court dismissing an application to set aside its judgment for a liquidated demand in default of appearance.
The plaintiff indorsed his writ of summons for the sum of ¢290 being arrears of land rent due to him. He also applied for forfeiture of the land lease for non-payment of rent. The lease was neither exhibited nor tendered in court.
In his statement of claim, the plaintiff acknowledged that the amount due had been reduced to ¢170. Nevertheless, in the last paragraph of his statement of claim, he affirmed his demand for ¢290 as the amount due to him. The court entered judgment in his favour in default of appearance by the defendant for ¢290 as the amount due. The judgment was silent on the application for an order of forfeiture of the lease. Following a separate ex parte motion after signing for judgment, the court made an order of forfeiture of the lease.
The defendant moved the court to have the judgment set aside on the groun…