BRAMSCO FOOD MARKETING AND SUPPLY CO.
V.
MOHAMADU

MENSA BOISON, J.: This is an appeal against the decision of Michael Adzovie, Esq., District Magistrate Grade I, sitting at Kumasi. By that decision dated 30 December 1969 he refused to set aside a judgment entered for the plaintiff for a claim of ¢592.00 in debt. The writ of summons was placed on the “undefended list” in accordance with the Courts Ordinance, Cap. 4 (1951 Rev.), Sched. II, Order 2, r. 9 (hereafter to be referred to simply as the Rules). Service of summons was eventually effected on the defendants by substituted service.

When the action came on for hearing on 18 November 1969 the parties were absent and the action was struck out for want of prosecution. On 5 December 1969 by a motion ex parte the plaintiff restored the case to the list; and at the same time moved for judgment, which was duly entered. The minutes of the court were as follows:

“By court: Application is granted. Let case be relisted. At this stage counsel moves court for judgment since case has been placed o…