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PETER LIGHT KOOMSON
V.
AJUMAKO-ENYAN-ESSIAM DISTRICT ASSEMBLY, AJUMAKO

(2024) JELR 112827 (CA)

Court of Appeal 24 Oct 2024 Ghana
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- The Court of Appeal set aside a default judgment for failure to comply with the statutory condition precedent under section 210 of the Local Governance Act, 2016 (Act 936), namely, one month’s written pre-action notice in the prescribed f

Case Details

Suit Number:SUIT NO.H43/2024
Judges:SOPHIA BERNASCO ESSAH, J.A. (MRS) (PRESIDING) NOVISI AFUA ARYENE, J.A. (MRS) JENNIFER ABENA DADZIE, J.A. (MS)
Counsel:DANIEL ARTHUR FOR DEFENDANT/APPELLANT. ADU YEBOAH FOR PLAINTIFF/RESPONDENT.
Location:Sekondi

JUDGMENT

JENNIFER ABENA DADZIE, JA

I. INTRODUCTION & PROCEDURAL HISTORY:

[1] One of the commonest legal maxims that relates to time in justice delivery is that “Justice delayed is justice denied” but it has also been said that "Swift justice is the sweetest" (per Francis Bacon on his elevation to Lord Chancellor of England in 1617). This appeal centers on the remedies of 1) pre-action statutory notice and 2) default judgment. These remedies which are available to litigants, both capture the very essence of the rules of court procedure to achieve speedy and effective justice, to avoid undue delays, unnecessary expenses while ensuring that as far as possible, all matters in dispute between the parties are completely, effectively and finally determined to prevent multiplicity of proceedings concerning any of such matters. (Order 1 Rule 1(2) of the High Court (Civil Procedure) Rules, 2004, C.I. 47).

[2] In this appeal, references to the parties will follow the manner of their designations at …

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