BRAMSCO FOOD MARKETING AND SUPPLY CO.
V.
MOHAMADU

(1973) JELR 69682 (HC)    
High Court  ·  26 Mar 1973 ·  Ghana
 · 
Other Citations
[1973] 2 GLR 4
CORAM
MENSA BOISON J.
Core Terms Beta
defendants
judgment
rule
action
affidavit
notice
case
plaintiff
rules
affidavit of defence
claim
day
writ of summons
cost of this appeal
costs
house of lords
motion ex parte
parties
such terms
terms of the motion paper
triable issue
booth’s distillery co.
case of anglo-guinea produce co.
civil procedure
cost of the first action
courts ordinance
decision of michael adzovie
defendant neglects
defendants’ subsequent application
english rule
english rules of supreme court
first ground
first instance
grounds of defence
hearing date
immediate absolute order of the court
mensa boison
minutes of the court
notice of defence
notice of the action
per cent
plaintiff’s claim
present case
relistment of the case ex parte
relist ought
reply counsel
return day
service of summons
stage counsel moves court
substituted service

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…

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