TWUM AND ANOTHER vs. GYAABAH

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 t...