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SAFO-ADU
V.
BOAMPONG

(1974) JELR 66698 (HC)

High Court 17 Jun 1974 Ghana
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- Application to set aside a default judgment under Order 36, r.18 High Court (Civil Procedure) Rules, 1954, was dismissed; the court held the applicant failed to provide a credible explanation for absence at trial, despite acknowledgment t

Case Details

Judges:MENSA BOISON J
Counsel:MMIEH FOR THE APPLICANT; OBENG FOR THE RESPONDENT.

MENSA BOISON J.

This is a motion to set aside the judgment of this court dated 31 October 1973 in default of appearance at the trial.

The original action was a claim principally for arrears of rent and damages for disrepair under a tenancy agreement, the defendant (hereinafter called the applicant) having leased a building of the plaintiff ‘s (hereinafter called the respondent) for the purpose of his practice as a medical practitioner. Early in 1969, however, the applicant appeared to have made a bid for a political career. At the general elections of 1969 he was successfully elected a member of the Parliament of the Second Republic of Ghana, and indeed secured a seat as a cabinet minister in the erstwhile Government of the Progress Party. That must have decided the fate of the tenancy agreement. The applicant gave notice determining the lease with effect from 11 May 1969. It was as a result of a dispute arising out of this determination that the respondent had to issue his writ dated …

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