Ratio Decidendi



NORTEY AND ANOTHER
V.
DAMATEY

(1973) JELR 63672 (HC)    
High Court  ·  26 Nov 1973 ·  Ghana
 · 
Other Citations
[1974] 1 GLR 31
CORAM
QUASHIE-SAM J.

Ratio Decidendi

Core Terms Beta
order
court
l.n. 140a
defendants
judgment
appeal
application
civil procedure
magistrate
review
rules
supreme
grounds
learned trial magistrate
motion
applications
argument
case
judge
review of the judgment
stay of execution
such grounds
sufficient reason
account of some mistake
additional grounds
district court
district court grade
docket of the lower court
exercise of due diligence
ex parte
face of the record
good reason
ground
high court
important matter
judgment ex parte
judicial officer
latter rule
lower court
main approach
mention of order
notice of the date of hearing
original ground of appeal
quashie-sam j.
review of the order
said judgment
special case
submissions of the plaintiff-respondent
such appeal
sufficient cause

QUASHIE-SAM J.

The plaintiff obtained judgment ex parte against the defendants on 4 October 1972 in the District Court Grade I, Nkawkaw.

On 20 December 1972, the defendants applied to have the said judgment set aside on the ground that they had no notice of the date of hearing and that they only got to know that the case had been disposed of when formal decree was served on them. They also on the same date filed another motion for stay of execution on precisely the same grounds. When the two applications came on for hearing on 22 January 1973, the defendants failed to appear and the two motions were struck out for want of appearance. The defendants then filed an application to relist these motions. In his order, the magistrate was of the opinion that no sufficient cause had been shown for relistment and he dismissed the application. The defendants then filed a motion for a review of the order refusing relistment and on 19 March 1973, the court refused to review its order, observing that…

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