Archer J.A. delivered the judgment of the court. The plaintiff issued a writ of summons in the High Court at Cape Coast claiming against the defendants:
(1) declaration of title to a piece or parcel of land;
(2) perpetual injunction against the defendants, their agents and servants;
(3) N¢500.00 general damages against the defendants jointly and severally.
The defendants failed to deliver their statement of defence within the time prescribed by rules of court, and the plaintiff moved the court for entry of judgment in default. Accordingly, judgment was entered against the defendants on 15 December 1969. Thereafter, the defendants applied to the court below to set aside the judgment and awarded N¢200. 00 costs against the defendants.
Being aggrieved by the order of the court below (setting aside the judgment in his favour) the plaintiff appealed to this court and on 23 March this court made the following order:
"We think that the judge gave a wrong reason for setting aside the judgment in default. But there can be no doubt that the statement of defence and counterclaim disclose sufficient grounds upon which the defendants should be let in to defend the action. In the circumstances we dismiss the appeal but we order that as a condition for setting aside the default judgment the defendants should within one month from the date hereof pay to the appellant the costs of N¢200. 00 awarded by the trial judge. No order as to costs in this court.
Court below to carry out."
The defendants were not present and they were not represented by counsel when this court heard the plaintiff's appeal. Although they admit in their affidavit that they were informed by their counsel that the plaintiff had filed an appeal, yet they deny that they knew of the hearing date of the appeal. However, on 28 April 1971 the defendants were served with copy of a decree demanding the sum of N¢200.00 costs awarded by this court and for the first time, according to the affidavit, the defendants got to know that they were liable to pay N¢200.00 costs within one month as a condition for setting aside the judgment against them. Three days later, that is, 1 May 1971, the defendants paid the sum of N¢200. 00 into court at Cape Coast and then applied to this court for an extension of time within which to pay the said sum.
As the defendants were not present in court when the court's order of 23 March 1971 was made, it was necessary to serve a copy of the order on them promptly so as to affect
