HARUNA
V.
ARTS COUNCIL OF GHANA

(1989) JELR 69576 (HC)    
High Court  ·  14 Nov 1989 ·  Ghana
 · 
Other Citations
[1992] 2 GLR 1
CORAM
BENIN J.
Core Terms Beta
judgment
defendants
application
order
plaintiffs
default judgment
matter
attorney-general
judgment debt
default of appearance
entry of appearance
l.n. 140a
court of appeal
defence
time limit
viable defence
bad faith
defence counsel
high court
prior leave of the court
requirement of justice
attorney-general’s fiat
attorney-general’s representative
benin j.
civil procedure
complete answer
conduct of the case
copy of a notice of amendment
ex gratia
expiry of the statutory time
fiat of the attorney-general
final decision
final judgment
first point
garnishee order
ghana railway
hearing counsel
hearing notices
history of this case
judgment of this court
leave of court
lord atkin
months’ adjournment
opoku-darkwa
overwhelming authority
rules of court
second point
sharp focus
statement of defence
subsequent change of solicitors

BENIN J.: I believe this application has once again brought into sharp focus the argument whether or not there should not be a time limit after which a party will not be permitted to have a default judgment vacated. We know that under Order 13, r. 11 and Order 27, r. 16 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) a party in default can always apply to vacate a judgment obtained in default of appearance and defence respectively against him, and there is no time limit as to when he can do this. Even though Apaloo J.A. (as he then was) in Akrong v. Ashiefie, Court of Appeal, 20 October 1967, unreported; digested in (1968) C.C. 14 has said that the requirement of justice is the limiting consideration in such an application, yet the overwhelming authority on the subject is in favour of setting aside if the party reasonably wants to be heard on the merits. I shall return to some of these authorities subsequently, as it appears the requirement of justice has no definitive sta…

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