Ratio Decidendi



DAVID SAMUEL OFORI MANTE
V.
CECILIA OFORI MANTE [MRS] & ANOR.

(2009) JELR 63570 (CA)    
Court of Appeal  ·  SUIT NO: HI/87/08 ·  12 Mar 2009 ·  Ghana
CORAM
R K APALOO J A [Presiding], P K GYAESAYOR J A, IRENE C DANQUAH J A

Ratio Decidendi

Core Terms Beta
motion
default judgment
application
judgment
day
default of appearance
learned judge
defendants
grounds
order
plaintiff
15th may
28th may
grant
high court
respondents
behalf of the defendants
civil procedure
counsel
entry of appearance
r k apaloo
rule
trial judge
20th march
28th july
affidavit of t s j
brief facts of the case
copy of a power of attorney
defendants lawyers abc law consult
earlier ruling
face of the motion paper
grounds of appeal
house no.18 osu badu street
instant appeal
interlocutory appeal
irene c danquah ja
justice ofori-atta
legal basis
lordship isaac lartey-young j
motion ex-parte
mr. justice lartey young
orders of this honorable court
ruling of the high court
service of the entry of judgment
set aside
suo motu
suo motu review
t s j
vacation judge
very reason

IRENE C DANQUAH JA

This is an interlocutory appeal against the ruling of the High Court, Accra delivered on 28th May 2007 by His Lordship Isaac Lartey-Young J setting aside an earlier ruling which entered judgment in default of appearance for the Plaintiff.

The brief facts of the case are that on 18th July 2006 the Plaintiff filed a Writ of Summons against the Defendants accompanied by a Statement of Claim seeking the following reliefs:

1. An order that House No.18 Osu Badu Street being the Matrimonial House of the late Erasmus Ofori-Mante is sold and the proceeds shared according to PNDCL 111.

2. An order that the proceeds from the Out-House being rent paid by the Tenant to Defendants be declared so that the plaintiff’s share is paid to him.

On 28th July 2006 the Defendants Lawyers ABC Law Consult, (Akuamoah Boateng and Co) filed an Entry of Appearance on behalf of the Defendants “Pursuant to Order 9 Rule (1) of High Court (Civil Procedure) Rules, 2004 (C I 47) .....”. Annexed to it was a…

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