[1973]DLHC2364 • April 17, 1973 • High Court
ATTOH-QUARSHIE vs. OKPOTE
The respondent (plaintiff) sued the applicant (defendant) for damages due to negligence. The applicant failed to enter appearance after being served with the writ and statement of claim, leading to interlocutory judgment against him. The applicant later sought to set aside the default judgment on grounds of non-service of the writ and statement of claim, claiming he was unaware of the proceedings until after judgment was entered and execution commenced.
read moreThis is an application by motion on notice for an order reviewing the order of this court made on 21 February 1972 dismissing the defendant-applicant’s (hereafter described as the applicant) application to relist a motion filed on 17 January 1972. It also asks for an order setting aside the default judgment delivered by this court on 1 April 1971. The motion of 17 January 1972 was one praying for an order to set aside a default judgment delivered by this court on 1 April 1971. The plaintiff (hereafter referred to as the respondent) by her writ of summons dated 27 August 1970 claimed damages for the negligence of the applicant. No appearance was entered by the applicant and the respondent applied for and obtained an interlocutory judgment on 10 November 1970. Abban J. entering judgment said: “The defendant was served with the writ of summons together with the statement of claim on 26 October 1970 and up to date he has not entered appearance and he is out of time. In the circumst...