KOFI III
V.
AKRASI II AND ANOTHER (NO 2)

(1993) JELR 69447 (CA)    
Court of Appeal  ·  23 Dec 1993 ·  Ghana
CORAM
ESSIEM JA, ADJABENG JA, BROBBEY JA
Core Terms Beta
applicant
costs
costs
motion
hearing notice
court
counsel
judgment
award of costs
case
adjournment
accra
facts
absence of the respondents
defendants-respondents
exceptional circumstances
mr ahenkorah
akim oda
mr yeboah
principle of substantive law
absence of special circumstances
akim oda traditional council office
applicant’s failure
basis of some matter
cause list of this court
clear days
convenience of the applicant
court of appeal
description of the basis of the award
discretion of the judge
favour of the plaintiff-appellant
hearing date
high court
instant application
legitimate reason
main complaint of the applicant
mindless choice of words
mr james ahenkorah
mr oduro
mr oduro
next return date
notice board of the circuit court
operative matters
registry of this court
respondents’ stand
risk of repetition
searches
settled practice of the courts
simple reason
simple reason
state of facts
successful litigant
supporting affidavit

BROBBEY JA.

The plaintiff instituted an action against the defendants in the High Court. The plaintiff lost the action. He appealed against the judgment to the Court of Appeal. The appeal was heard in this court and judgment entered in favour of the plaintiff-appellant. The defendants-respondents applied to set aside that judgment. Indeed, the judgment was set aside on 17 November 1993. Costs of 50,000 cedis were awarded to the defendants-respondents. The plaintiff-appellant then applied to this court to have the costs set aside. In this ruling, the plaintiff-appellant will be referred to as the applicant the defendants-respondents will be referred to as the respondents.

The main complaint of the applicant was that the judgment in his favour in this court was set aside because the case was heard in the absence of the respondents; they were not served with hearing notice, neither was a hearing notice published in the Gazette. He argued that none of these defaults was attributable to the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login