EBUSUAPANYIN EMMANUEL ASANTE
V.
GEORGE MENSAH & 3 ORS

(2024) JELR 112809 (CA)

Court of Appeal 10 Jul 2024 Ghana
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Case Details

Suit Number:SUIT NO. H1/08/2023
Judges:P. BRIGHT MENSAH JA, PRESIDING JEROME NOBLE- NKRUMAH JA HAFISATA AMALEBOBA (MRS) JA
Counsel:ALEXANDRA EDZII TAGOE ESQ FOR THE PLAINTIFF/APPELLANT. LENICE NAA TSHAKOR MENSAH ESQ FOR THE DEFENDANTS/RESPONDENTS.
Location:Koforidua

JUDGMENT

BRIGHT MENSAH, JA:

This is an interlocutory appeal against an order of the Koforidua High Court made 12th May, 2022.  The High Court had earlier granted an exparte application for default judgment against the 1st defendant.  Subsequently the same day, the learned trial judge directed that the case be recalled upon which she set aside the default judgment.  Dissatisfied with the turn of events, the plaintiff/appellant has mounted the instant appeal on grounds:

  1. That the trial judge erred when after granting the motion exparte for interlocutory judgment she in a few hours thereafter recalled the case and changed the earlier decision without any cause.

  2. That the trial judge erred when she ruled that the power of attorney on record could be ignored.

  3. That the trial judge erred when she ruled that a letter she referred to as having been written to the court by the 1st defendant’s lawful attorney could persuade her to make a decision in the writer’s favour.

Whereas the order complained of a…

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