ARMEEN KASSARDJAN & ORS v. JAMES SIAW NARTEH & ORS

KUSI-APPIAH, J.A. :

This is an appeal from the ruling of the High Court (Land Division), Accra dated 8th day of November, 2013 in favour of the plaintiffs, now the respondents against the four defendants now the appellants herein.

In this judgment, we shall refer to the parties by their positions in the court below.

The facts which gave rise to this appeal can be nutshelled as follows: On or about the 7th of February, 2008, the plaintiffs took out a writ of summons accompanied by a statement of claim against the defendants at the High Court (Land Division), Accra claiming the following reliefs:-

“(1) Declaration of title to all that piece or parcel of land situate lying and being at New Ningo-Dangme West District in the Greater Accra Region of the Republic of Ghana covering a total area of 6.69 acres. (2) Deletion of the names of the defendants from the records of the Lands Commission.

(3) Perpetual Injunction restraining the defendants, their agents, assigns, etc from interfering with plaintiffs interest.

(4) Costs.” The record indicates that the addresses of the three defendants were not indicated on the writ.

However, on 25th February, 2008, the plaintiffs by their solicitor, applied to the trial court by an exparte motion praying for substituted service of the writ of summons and statement of claim on the defendants.

The trial court granted the application on 5th March, 2008 and ordered the said documents to be served on the three defendants by substitution.

On 25th April, 2008, plaintiffs moved for judgment in default of appearance against the defendants.

The matter came before E. K. Mensah, J. who gave judgment in default of appearance for all the reliefs sought.

Subsequently, the plaintiffs decided to go into execution by serving the defendants with the entry of judgment and hearing notice by substitution granted on 30th May, 2008 by the trial court.

On 29th May, 2009, final judgment was entered against the defendants herein.

Pursuant to the judgment dated 29th May, 2009 against the defendants herein, they filed a motion on 30th October, 2012 to set aside the default judgment.

But the trial court after hearing arguments from the parties dismissed the defendants’ application.

It is this judgment that the defendants dispute in this appeal on their amended grounds of appeal as follows:

“(a) The learned trial Judge erred in holding that the judgment of the Honourable Court, having been described as final was not a default judgment.

(b)