JUDGMENT OF ABBAN J.
The applicant, according to him, sold the land in dispute to the defendant in this case. The plaintiff claiming the land to be her property, first sued the applicant who entered appearance through his solicitors. Thereafter, the applicant left Ghana in pursuance of the Aliens Compliance Order.
On learning of the departure of the applicant from the country, and on becoming aware that before the applicant left, he sold whatever interest he had to the defendant, the plaintiff applied for an order to substitute the defendant for the applicant. The defendant [p.253] could not be personally served with the motion for substitution. Consequently, on an ex parte application, an order for substituted service of the said motion was granted. Eventually, the defendant was substituted for the applicant. Again, other processes of the court could not be effected on the defendant personally, and orders for substituted service were granted and copies of all the relevant documents were posted at the paces indicated. The defendant failed to enter appearance and judgment was entered against her on 15 November 1971 for a declaration of title, recovery of possession and damages for trespass. It is this judgment which the applicant is asking the court to set aside.
The applicant's main ground is that it was he who sold the land in dispute to the defendant, and that as a vendor he was bound to defend the title of the defendant; and the judgment, if allowed to stand, would eventually affect him adversely. Counsel for the plaintiff has raised a preliminary objection to the application. The basis of his said objection is that the applicant was not a party to the judgment and cannot therefore apply to have it set aside.
I think the applicant cannot be said to be a party to the judgment in question. Admittedly, he was the original defendant. But the defendant was regularly and properly substituted in his place, after it had become clear that the applicant had sold his interest in the land and left the country for good. The applicant admits that he completely disposed of whatever interest he (the applicant) had in the land to the defendant before leaving Ghana in pursuance of the said Aliens Compliance Order.
To my mind, at the time judgment was entered, the applicant had no interest whatsoever in the land in dispute, and I do not see how his interest is adversely affected. He is a stranger to the judgment and he has not and cannot acquire a locus standi in t
