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…