JERIGOJI v. ISSAH

Benin J. considered a motion by the defendant-judgment debtor to set aside a judgment entered after a hearing the defendant did not attend. The plaintiff, a Mamprusi District herdsman and successor to Belko Fulani, had sued for restitution of thirty cattle (or their value), enforcement of an arbitration award by the Nayiri, and damages. After initial adjournment sine die, the registrar re-listed the case for 11 June 1985 and served hearing notices on solicitors, but not the defendant personally. The court heard only the plaintiff and entered judgment; execution commenced and contempt proceedings followed when the defendant resisted further execution. The defendant, an illiterate, explained he had no notice, and his earlier counsel had left the jurisdiction without withdrawing. Addressing the defendant’s arguments, the court rejected the unpleaded limitation defence and held that, absent personal service of hearing notice on the defendant, the proceedings were a nullity. Exercising inherent jurisdiction, Benin J. set aside the judgment and restored the case for a fresh hearing; application granted.