ADWOA BOATEMAA & OTHERS v. ESTHER DUFIE

IRENE CHARITY LARBI (MRS) J. A.:

This is an interlocutory appeal emanating from the decision of the High Court, Kumasi dated 18th July, 2012. The Plaintiffs/Respondents (Plaintiffs) caused a writ of summons to issue against the 1st Defendant/Appellant (1st Defendant) and 11 other persons claiming against them jointly and severally for the following reliefs:

“1. Recovery of possession of the respective rooms being occupied by the defendants in H/No. Plot 12 Block 4, New Amakom – Kumasi.

2. Damages for trespass.

3. An order for perpetual injunction restraining the defendants, their agents, servants and any person claiming title through them from interfering with the Plaintiff’s property in dispute.”

Upon service of the writ on the 1st defendant, she, per her Lawyer, entered appearance on 23rd March, 2010.

The 1st defendant however delayed in filing her statement of defence within time. The plaintiff therefore on 5th August 2010, filed a Motion on Notice against the 1st defendant for judgment in default of defence. The plaintiffs on the same day filed a Motion Ex-Parte for interlocutory judgment in default of Appearance against the 2nd to 12th defendants.

Before the application of the plaintiffs for judgment in default of appearance could be heard, the 1st defendant filed an affidavit in opposition on 11th August, 2010 praying for leave to file a late statement of defence.

On 12th August, 2010 the High Court having listened to Counsel for the plaintiffs/appellants on both applications held as follows:

“By Court: Application granted.

Judgment is entered for the plaintiffs for all the reliefs endorsed on the writ of summons against the 2nd to 12th defendants’ notice of assessment of damages for the trespass.

By Court: Adjourned to 20/8/10 for continuation.”

Following the ruling supra the 1st defendant, on 11th August, 2010 filed a State of Defence and a counter claim.

The plaintiffs’ lawyers proceeded to file a Reply and defence to the counter-claim on 19th August, 2010.

On the same day, the 2nd to 12th defendants filed a motion on notice for leave to file a late appearance and statement of defence.

The plaintiffs proceeded to file an Application for Directions on 25th August, 2010 and the 1st defendant also filed Additional Issues on 19th September 2010.

Before the application for directions could be taken the 1st defendant purporting to have been served with Entry of Judgment given on 7th May, 2012, filed an application on 6th June, 2012 to