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MANSAH
V.
KAAWUOH

(1961) JELR 84082 (HC)

High Court 16 Dec 1961 Ghana
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Case Details

Judges:DJABANOR J.
Counsel:I. R. Aboagye for plaintiff-respondent. J. Prempeh for defendant-applicant.
Location:Kumasi
Other Citations:[1961] 2 GLR 777 - 778

JUDGMENT

DJABANOR J.

This is an application to set aside a judgment obtained on the 27th November 1961, under Order 14, rule 1, of the Supreme [High] Court (Civil Procedure) Rules, 1954. Normally, a judgment obtained under Order 14, Rule 1 cannot be set aside—Spira v. Spira [1939] 3 All E.R. 924. Printed boldly on the front of the writ are the words: "Specially Endorsed Writ, Order 3, rule 6" in capitals, and the endorsement reads:

"Plaintiff 's claim against the defendant is for the sum of £G617 6s. 8d. Being balance of an amount of £G1,000 due and owing to the plaintiff as per the defendant's promissory note dated 22nd day of January, 1957."

The defendant entered appearance by counsel on the 28th October 1961, eight days after service of the writ upon the defendant. On the 21st November 1961, the plaintiff filed a motion on notice under Order 14, rule 1 for leave to sign final judgment for the amount endorsed on the writ. This motion was served on the defendant's solicitor on the 25th …

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