Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SAMUEL KWASI NTIAMOAH
V.
KWAKU AYESU OPARE ADDO

(2008) JELR 69733 (CA)    
Court of Appeal  ·  CASE NO. H3/135/08 ·  15 May 2008 ·  Ghana
CORAM
HENRIETTA ABBAN (MRS.) [PRESIDING], YAW APPAU J.A.,VICTOR OFOE J.A.

Ratio Decidendi

Core Terms Beta
court
applicant
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judgment
default judgment
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default of appearance
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writ of summons
appearance
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final decision
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government officials
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actual fact
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decision of the trial
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registrar of the high court
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said default judgment
senior police officer
uncertain terms
writ set

YAW APPAU, J.A.

The application before this Court is one praying for an extension of time within which to file notice of appeal against a default judgment entered against the applicant by the High Court, Mampong. The applicant was the defendant in the court below and a Senior Police Officer. What gave rise to this case was that the applicant purchased a vehicle from the respondent who was the plaintiff in the court below. He made part-payment and promised to pay the remaining amount within a certain period. When he was unable to pay, the respondent dragged him to the court below for recovery of the remaining sum, which was then thirteen million cedis (¢13,000,000.00). When the applicant was served with the writ of summons on 17/10/06, he posted it back to the Registrar of the High Court from which it emanated with an accompanying letter that read as follows: —

“Dear Registrar, I received your Writ which was in actual fact fraught with many mistakes. Kindly rectify the mistakes.”

The lett…

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