Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

EBUSUAPANYIN EMMANUEL ASANTE VS GEORGE MENSAH & ORS

2024

COURT OF APPEAL

GHANA

CORAM

  • P. BRIGHT MENSAH JA PRESIDING
  • JEROME NOBLE- NKRUMAH JA
  • HAFISATA AMALEBOBA (MRS) JA

Areas of Law

  • Civil Procedure
  • Contract Law

AI Generated Summary

This case revolves around an interlocutory appeal against the Koforidua High Court's decision to set aside an ex parte default judgment it initially granted in favor of the plaintiff. The plaintiff originally faced difficulty serving the writ of summons on the 1st defendant domiciled in Germany and several others since they could not be traced personally. After obtaining an order for substituted service, the plaintiff served the writ on the 1st defendant's attorney, who later rejected it, claiming lack of authority. The trial judge granted the default judgment for the plaintiff but reversed this decision later that day, without clear cause, leading to the plaintiff's appeal. The Court of Appeal held that the trial judge's actions were capricious and arbitrary, upholding the default judgment and remitting the case to the lower court.

JUDGMENT