OFORI
V.
DONKOR

(1976) JELR 69583 (HC)    
High Court  ·  11 Feb 1976 ·  Ghana
 · 
Other Citations
[1976] 1 GLR 275
CORAM
ABOAGYE J.
Core Terms Beta
defendant
court
judgment
plaintiff
statement of claim
application
appearance
order
l.n. 140a
mr. g. k. acquah
statement of defence
motion
mr. acquah
rules
affidavit
civil procedure
high court
notice
solicitor
writ of summons
consent of the defendant
copy of the motion paper
counsel
leave of the court
times
writ
aboagye j.
accompanying affidavit
alleged statement of claim
alleged statement of claim of the plaintiff
basis of our submission
behalf of the defendant
copy of the statement of claim
copy of the writ
following dates
ghana railway
instant suit counsel
l.n. 140a. mr. acquah
mr. e. f. short
omanhene of twifu mampong
order of this court
plaintiff’s solicitor
proceedings
proceeds of his cocoa farm
reasonable time
rules of court
said affidavit
search
set aside
such proceedings

ABOAGYE J.: By his writ issued on 25 February 1975, the plaintiff claimed: “A declaration that the decision by the Omanhene of Twifu Mampong and his elders on Friday 14 February 1975, that the plaintiff should share the proceeds of his cocoa farm with the defendant in the ratio of two-thirds to the defendant and one-third to the plaintiff, is not binding on the plaintiff.”

A copy of the writ was served on the defendant on 28 February 1975, and on 24 March 1975, an appearance was entered on his behalf by his solicitor, Mr. G. K. Acquah. On 27 May 1975, a statement of claim was filed on behalf of the plaintiff. A copy of the statement of claim was served on Mr. G. K. Acquah on 30 May 1975. No statement of defence was filed on behalf of the defendant and on 27 November 1975, Mr. E. F. Short, the plaintiff’s solicitor, filed a motion on notice for leave to enter judgment against the defendant for the relief endorsed on the writ. A copy of the motion paper with its accompanying affidavit wa…

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