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DJORBUA v. POKU AND ANOTHER

1970

HIGH COURT

GHANA

CORAM

  • HAYFRON-BENJAMIN J

Areas of Law

  • Civil Procedure
  • Contract Law
  • Property and Real Estate Law
  • Evidence Law

AI Generated Summary

Hayfron-Benjamin J. determined an application to set aside a judgment entered by the High Court, Accra, on 27 February 1970 after the second defendant’s defence was struck out and judgment entered by Charles Crabbe J. The underlying claim sought specific performance to execute a deed confirming a customary sale of land and damages. The procedural record shows a notice to admit facts (Order 32, r. 4) was ignored; the defence was struck out under paragraph 85(2) of the Courts Decree, 1966 (N.L.C.D. 84), and judgment entered when the second defendant and counsel were absent. Interpreting Order 36, rr. 16 and 18, the court held striking out is interlocutory, but entry of judgment is a trial, making the application properly brought. Nevertheless, given counsel’s unexplained absence and the evident lack of merit in the defence (supported by exhibits including Suit No. 33/1926 and a 1941 State Council enquiry), the court refused to re-open the case and dismissed the application with costs.

JUDGMENT