This appeal is against the judgment of the Circuit Court, Odumase Krobo dated 29th April 2016 as well as the Ruling dated 30th January 2019 which dismissed the defendant/appellants' application to set aside the said judgment.
The grounds of appeal as amended on 9th December 2019 pursuant to leave are as follows:
- Both judgments are against the weight of evidence
- That the trial judge erred in law when he relied on wrong principles of law to refuse the application to set aside the judgment dated 29/04/2016
Particulars of Error
a. The finding that the judgment of 29/04/2016 operated as estoppel as between the parties.
b. The finding that the Court judgment in Suit A11/02/2015 on 29/04/2016 is not an interlocutory hence it is also not a default judgment.
To consider the grounds of appeal in proper context, it is necessary to state the facts of the case and the chronology of events from the time the plaintiffs filed their writ of summons on 1st August 2014 to the d…