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HENRY DOE SAMLAFO
V.
GHANA REAL ESTATES DEVELOPERS ASSOCIATION (GREDA) & ORS

(2009) JELR 109956 (CA)

Court of Appeal 16 Jul 2009 Ghana
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- The plaintiff/appellant contested the procedure by which the applicant/respondent, a stranger, intervened in the case and was allowed by the court. - The plaintiff/appellant also questioned whether the trial court was functus officio (ha

Case Details

Suit Number:H1/198/08
Judges:AYEBI J.A.
Counsel:HENRIETTA ABBAN (MRS.) J.A. (PRESIDING), F. G. KORBIEH J.A., E. K. AYEBI J.A.

JUDGMENT

AYEBI J.A.

In his statement of case, the plaintiff/appellant was categorical that the thrust of his appeal is the procedure by which the applicant/respondent as a stranger intervened in this matter and was allowed by the court.  The other concern articulated as in the trial court is whether or not by the default judgment, the trial court was functus officio. The plaintiff/appellant admitted in his statement of case that a stranger like the applicant/respondent can apply to set aside the judgment but the procedure adopted by the applicant/respondent is wrong in law.  This argument is premised on the two methods acknowledged by the courts in the case of Gbago v. Owusu [1972] 2 GLR 252.  In that case the court held that “it is established that there are only two methods whereby a stranger to a judgment who is adversely or injuriously affected can set it aside.  Firstly, he can obtain the defendant’s leave to use the defendant’s name and then apply in the said name to have the judg…

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