[1967]DLHC1450 • March 17, 1967 • High Court
AMPOFO vs. THE STATE
The appellant, a wholesale keeper at the Ghana National Trading Corporation, was accused of assaulting two police officers who came to his store following a suspicion raised by a price inspection superintendent about rice being loaded onto a truck despite reports of no stock. The police officers sought to take the appellant to the police station for questioning. The appellant refused to accompany them, leading to a physical struggle during which the appellant allegedly assaulted the officers. The appellant was convicted under section 205 of the Criminal Code for assaulting police officers acting in the execution of their duties.
read moreJUDGMENT OF AMUAH J. In this motion the defendant-applicant is praying for an order of this court to set aside a default judgment entered against him on 3 August 1981 under Order 27 r. 16 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The grounds for the application are sufficiently set out in the affidavit attached hereto. After explaining the cause of delay in filing a defence he went on to state that he had a good defence. In paragraph 7 of his affidavit he stated that: “The land the subject matter in dispute is land which belongs to the Manso Amenfi stool and I granted the land to the plaintiff under a mistaken belief that I could grant same.” In the ensuing argument Mr. James Mercer, learned counsel for the plaintiff-respondent, relied on a plea of estoppel and asked the court to dismiss the applicant’s motion. Mr. Mercer began with the point raised by Mr. Dawson, learned counsel for the defendant-applicant, that the judgment was obtained irregula...