JENNIFER SELASE AGBEMAFO v. ROBERT AGBADZA.

Justice Anthony Oppong, JA, writing for the Court of Appeal, dismissed the defendant/appellant’s appeal from a High Court ruling refusing to set aside a judgment entered after he failed to attend trial. The plaintiff/respondent had sued in June 2018 for declaration of title to a 0.23 acre parcel at Okorase in Akuapem, recovery of possession, damages for trespass, and injunction. The appellant entered conditional appearance and filed a defence and counterclaim only after an interlocutory default application, then ignored multiple hearing notices served via his counsel’s address. The trial proceeded under Order 36, and judgment was delivered for the respondent on 18 February 2021. Nearly two months later, the appellant applied to set aside the judgment, citing counsel’s illness but offering no proof and no adjournment request. Emphasizing valid service on counsel, the fourteen-day limit under Order 36 Rule 2, and Supreme Court guidance that one must appeal both the refusal and the default judgment, the court affirmed the trial judge’s discretion and dismissed the appeal.