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DODZI AFATSAWU AMAGLO VS KWAKU MOHA ADZIGBLI

2024

HIGH COURT

GHANA

CORAM

  • JUSTICE GEORGE BUADI, J

Areas of Law

  • Civil Procedure

AI Generated Summary

Justice George Buadi of the High Court, Denu, dismissed an interlocutory appeal arising from civil proceedings in the District Court at Dzodze. The Defendants-Appellants had sought judgment in default of defence on their counterclaim after the plaintiff failed to respond within time, but the District Court refused their application on 2 November 2022. The Appellant personally filed a notice of appeal on 21 November 2022 without demonstrating leave from the District Court, and later obtained an ex parte order in the High Court to file the appeal out of time. Emphasizing that interlocutory appeals are creatures of statute under the Courts Act and C.I. 47, and that applications must be on notice and supported by good reasons, the court held that the Appellant had not met the statutory preconditions. Accordingly, the court refused to consider the substantive default-judgment argument and dismissed the appeal.

JUDGMENT