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

(2003) JELR 63495 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. 109/2002 ·  18 Dec 2003 ·  Ghana
CORAM
OMARI-SASU J.A. [PRESIDING], TWENEBOAH KODUAH J.A., QUAYE J.A.
Core Terms Beta
appellant
order
counsel
default judgment
plaintiffs
respondents
statement of claim
1st defendant
trial judge
writ of summons
mr. yartey
personal service
1st april
inter alia
notice of entry of judgment
6th april
civil procedure
entry of the default judgment
high court
substituted service
3rd defendant kofi siaw
above submission of counsel
appellant’s motion
arbitrary decision of plaintiffs
better understanding of this appeal
clear distinction
copies of the said processes
delivery of the said processes
different interpretation
endorsement of service of the writ
error of law
exercise of judicial discretion of this nature
facts of the application
first defendant
grounds of the appeal
learned trial judge
leave of the trial court
notice of appearance
open court
recovery of possession of land
registry of the circuit court
ruling of the circuit court accra
said court
service of court processes
subsequent search
success of the said application
such failure
such judgment
supporting affidavit
trial circuit court

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…

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