FAH
V.
BEDIATUO II AND OTHERS

(1964) JELR 65525 (HC)    
High Court  ·  30 Jun 1964 ·  Ghana
 · 
Other Citations
[1964] GLR 468
CORAM
LASSEY J.
Core Terms Beta
plaintiff
court
counsel
order
proceedings
hearing notice
defendants
case
mr. ansah-twum
mr. victor owusu
suit
bailiff acheampong
behalf of the plaintiff
civil procedure
hearing notices
notices
service of the hearing notice
consolidated suits
fresh evidence
judgment of bruce-lyle j.
judgment of the court
knowledge of the alleged irregularity
plaintiff-applicant
various parties
brief history of the suit
circumstances of the particular case
circumstances of this case
copy of the said hearing notice
court bailiff
court mr. victor owusu
farming village
first defendant
high court
mr. e. t. k. lawer
mr. peprah
nana abrefa vi
order of the court
ordinary writ of summons
particular reason
plaintiff mr. peprah
plaintiff’s action
proceedings void
proper service of the hearing notices
record of the court show
record of the proceedings shows
regular service
said order
said suit
salutary maxim interest reipublicae
set aside ex debito justitiae

LASSEY J.: This is a motion supported by an affidavit brought under Order 70, rr. 1 and 2 of the Supreme [High] Court (Civil Procedure) Rules, 19541 on behalf of the plaintiff in the above-named suit, asking this court for an order to set aside the proceedings, including the judgment of Bruce-Lyle J. (as he then was) dated 7 June 1963, on the ground that there had been non-compliance with the said Order.

The brief history of the suit terminating in the judgment of the court on 7 June 1963, is as follows: On 2 February 1962, the plaintiff, who is the applicant herein took out an ordinary writ of summons with an accompanying statement of claim against the three defendants, claiming against them special and general damages for trespass and also an order for perpetual injunction in respect of his farm.

On 4 February 1962 appearance was formally entered to the plaintiff‘s writ on behalf of all the three defendants and a statement of defence delivered on 28 February 1962. In addition the firs…

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