AMOAH AND OTHERS vs. WEST AFRICAN EXAMINATIONS COUNCIL AND OTHERS

On 20 December 1969 I gave a decision dismissing the motion filed on behalf of the applicant and I reserved the reasons for the said decision. I now proceed to give the reasons for my so dismissing the motion. On 12 January 1963 the respondent by a writ of summons commenced an action against Joseph Amo-Mensah in this court. The defendant entered an appearance on 26 January 1963 and after the pleadings and summons had been taken, the case dragged on for almost six years mainly due to adjournment after adjournment granted at the instance of the defendant. At last on 28 January 1969, almost six years exactly after the defendant had entered his appearance, the plaintiff obtained a judgment against the defendant, the court adjudging that the respondent recover against the defendant the sum of N¢39,296.54 with N¢2,000 costs. I am not aware of any appeal lodged by the defendant. Apparently on 5 November 1969 the respondent caused a writ of fi. fa. to issue for the attachment of the prope.....