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JUDGMENT
SUURBAAREH, J.A.: This is an appeal against the judgment of the Circuit Court, Accra, dated 24th April, 2019, in which the court dismissed the Plaintiff/Appellant’s claim against the 1st Defendant/Respondent. The parties in this appeal will simply be referred to as Appellant and Respondent.
The Appellant had sued the Respondent and two others, claiming recovery of the sum of Gh¢6,000.00 with interest from 15th March, 2013. Even though the Respondent entered appearance, and filed a statement of defence, after which two applications for directions were filed on 12th July, 2013, and 10th September, 2013, upon an ex-parte application filed on 27th April, 2015, for judgment against the 2nd and 3rd Defendants in default of appearance, the court mistakenly entered judgment against all the Defendants in the action on 28th May, 2015. Based on this default judgment, the Appellant put into motion the execution processes and had the property of the Respondent attached. The Respondent, on 31st August, 2016, however filed a motion to stay the execution process and for an order setting aside the default judgment entered against him.
Even though there is no indication from the record when the default judgment entered against the Respondent was set aside, witness statements were filed by the parties and their witnesses, and based on a third application for direction filed on 22nd September, 2016, trial began on 24th July, 2017. Upon an evaluation of the evidence led at the trial, and the application of the relevant laws, the trial judge entered judgment against the Appellant in respect of the claim against the Respondent, and went on to advise the Appellant to pursue the default judgment that had been entered in his favour, against the other two defendants on 26th May, 2013.
Aggrieved by and dissatisfied with the judgment, the Appellant filed an appeal upon the omnibus ground of appeal about the judgment being against the weight of the evidence. He subsequently sought leave on 28th October, 2020 upon which he filed the following additional grounds of appeal:
“B. The court below erred in law when it held that Plaintiff/Appellant did not pay Six Thousand Ghana Cedis (Gh¢6,000.00) to 1st Defendant/Respondent when 1st Defendant/Respondent admitted receipt of the Gh¢6,000.00 in his statement of defence.
Particulars of Error of Law
The court below should have applied the principle of law that where a party does not specifically deny an averment, the party is deemed to have