Cecilia Koranteng-Addow, J.: The plaintiff-respondent in this matter has taken a preliminary objection to an application by the defendant to set aside a summary judgment obtained against him under Order 14, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N.140A). The basis of the objection is that a judgment obtained under Order 14, r. 1 of L.N.140A is not a default judgment and cannot be set aside under the rules. He buttressed his argument with Spira v. Spira [1939] 3 All E.R. 924, C.A.
Counsel for the defendant-applicant submitted that the application to set aside the judgment is brought under Order 13, r. 11 of L.N. 140A, and urged the court to exercise its powers under its inherent jurisdiction to set aside the judgment. He argued that the defendant-applicant has pleaded new facts which should justify the court in setting aside the judgment.
A judgment obtained under Order 14, r. 1 of L.N. 140A generally is not a default judgment. It is not a judgment given because of some …