(1970) JELR 63962 (HC)    
High Court  ·  14 Dec 1970 ·  Ghana
Other Citations
[1971] 1 GLR 153
Core Terms Beta
second schedule
statement of defence
district court
high court
adjourned date
amended statement of defence
district magistrate
return day
ruling of the magistrate
statement of claim
such set-off
clear days
district court grade
district courts
final judgment
good faith
leave of the court
said order
writ of summons
agreement of the parties
breach of the terms of the verbal tenancy agreement
circumstances of any case
courts ordinance
details of the respondent
determination of an appeal of the said applicant
district court action
further adjournment
hearing of suits
order of the court
original figure
particulars of claim
plaintiff n
provisions of the second schedule
refuse permission
second schedule shows
set aside
statutory jurisdiction
such review
sufficient information
view of the amount
way of counter
way of counter-claim
written statement of his claim

TAYLOR J.: The respondent (who was the plaintiff in the district court action) in this case sued the appellant in the district court grade I on 6 January 1970 claiming N¢653.40 being arrears of rent from January 1968 up to December 1969 and an order of the court ejecting the appellant from the premises which he had apparently rented to her. The writ of summons was served on the appellant on 16 January 1970 and the return day was 21 January 1970. The summons served was accompanied by an affidavit setting out the particulars of the demand and this clearly gave the appellant reasonably sufficient information as to the details of the respondent’s claim, in accordance with Order 5, r. 1 of the Second Schedule to the Courts Ordinance, Cap. 4 (1959 Rev.), the rules governing civil procedure in the district courts.

On the next day after receiving the summons and the particulars aforesaid the appellant filed an affidavit denying the claim. It is not clear why this was done except perhaps that h…

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