MR. & MRS. JONAS ARYAN PAINTSIL
V.
SULEMANA & ORS

QUAYE, J.A.

This is an appeal from the ruling of the Circuit Court Accra, made on 18th July, 2001 by which the said court refused to set aside a default judgment in this matter against the 1st defendant [appellant herein] on 2nd November, 1999.

In order to make for a better understanding of this appeal, I consider it necessary to recount the facts in brief. By their writ of summons filed on 1st April 1999 the plaintiffs [who are presumably man and wife] sued the defendants, numbering seven, with the appellant herein listed as the first defendant. An endorsement of service of the writ together with the statement of claim was made on the back page of the writ on 6th April, 1999 to show that of the seven defendants only two, that is to say, the 3rd defendant Kofi Siaw and the 6th defendant Kpakpo Somuah were served on 1st April 1999, the very date on which the writ and the statement of claim were filed. The action was for the recovery of possession of Land, perpetual unjunction and general…