Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



NUM KOFI DWOMO
V.
HON. JOE DANQUAH (MP)

(2011) JELR 63639 (CA)    
Court of Appeal  ·  NO. H1/3/2011 ·  1 Apr 2011 ·  Ghana
CORAM
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.

Ratio Decidendi

Core Terms Beta
court
counsel
application
default judgment
garnishee order absolute
assessment of damages
trial court
supreme court
sc glr
instant case
reasonable time
trial judge
fit set
interlocutory judgment
learned trial judge
notice of appeal
order of the court
retraction of the story
rules of court
service of the writ
appellants motion
application of the principle
clear terms
edition of the daily guide newspaper
exercise of its discretionary power
following reliefs
following statement
fruitless exercise of my discretion
garnishee order
general damages
high court
interlocutory appeal
judicial notice of the fact
legal principle
libelous story
order of perpetual injunction
powers of the court
ruling of the high court
said garnishee process
sappor vrs wigatap ltd
second time
service of the application
services of another counsel
statement of defence
sum of gh
take notice

IRENE C DANQUAH JA

This is an interlocutory appeal against the ruling of the High Court, Sunyani dated 27th May 2009 for refusing to grant the 1st Defendant/Appellants motion to set aside the default judgment entered against him on the 9th June 2008.

Ground one of the appeal was stated in the Notice of Appeal filed by the Appellant as follows:

“a. That the court erred in refusing the application to set aside the default judgment entered against the 1st Defendant/Appellant on the ground that he did not act timeously.”

No additional grounds of appeal were filed in pursuance of ground (b) on the Notice of Appeal.

The action was commenced by the Plaintiff/Respondent who was the Assemblyman for Tanokrom Electoral Area in Tain District of the Brong-Ahafo Region on 7th June 2007 against the 1st Defendant/Appellant who was the sitting Member of Parliament for the Tain constituency and two others jointly and severally. The Plaintiff sought the following reliefs:

“1. General damages against the Defen…

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