DJORBUA vs. POKU AND ANOTHER

This is an application on notice for an order setting aside a judgment entered against the defendants by the High Court, Accra, on 27 February 1970. The plaintiff had on his writ of summons issued on 28 October 1967 claimed an order for the specific performance of a contract with the defendants to execute a deed by way of confirmation, further assurance and perpetuating evidence of a customary sale of land to him, the plaintiff. He further claimed damages for the breach of the contract. The plaintiff’s writ was accompanied by a statement of claim setting out fully the basis of his claim. The defendants entered appearance separately; the first defendant by himself, and the second defendant through a solicitor. On 8 March 1968, when no defence was forthcoming from either defendant, the plaintiff filed notice of motion for judgment in default of defence under Order 27, rr. 7 and 11 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), together with the necessary c.....