ABUSUAPANYIN OKYERE OPARE v. SAMPSON QUARSHIE

Defendant appealed the High Court, Koforidua’s 17 July 2020 default judgment in a land dispute brought by the Head of Family of the Obutwe family of Aburi concerning land at Asuafrom‑Aburi. Although Defendant failed to enter appearance initially and interlocutory default judgment was entered, Defendant’s solicitor later filed a motion to set aside the default judgment, returnable on 9 April 2020. The record showed no proceedings that day, likely due to COVID‑19 restrictions, but on 10 June 2020 the High Court, without serving hearing notices on Defendant or counsel, struck out the motion for want of prosecution and scheduled judgment for 17 July 2020, again without ordering hearing notice. Citing Supreme Court authority on audi alteram partem and jurisdiction, the Court of Appeal (Mensah‑Homiah JA) held the 10 June proceedings and 17 July judgment were nullities. The court emphasized registrars cannot adjourn motions and judges must verify service before proceeding. The appeal was allowed, the impugned proceedings and judgment were set aside, and Defendant’s motion was restored for determination on the merits, with no costs.