ADU v. ANKUMAH

ABBAN J addressed a motion by the defendant-applicant to set aside a default judgment entered by Charles Crabbe J on 1 May 1968 that granted the plaintiff-respondent declaration of title, damages for trespass, possession and an injunction over land. After pleadings closed, a single issue—who had better title—was set for trial; hearing notices were served on the solicitors, but neither the applicant nor her solicitor appeared on the hearing date. The court proceeded and granted all reliefs, later effecting substituted service of the judgment. Challenging service, the applicant argued that adjournment sine die required personal service on parties. The court rejected this, holding that a solicitor on record remains the party’s representative under Order 7, r. 2, and that Order 36, r. 16 permits a plaintiff to prove his case when the defendant does not appear. On discretion, the court held the applicant failed to show a reasonable defence, particularly because a binding Court of Appeal judgment declared the Sempe stool the allodial owners over the area, defeating the applicant’s James Town stool-derived title. The application was dismissed with costs.