ACHEAMPONG AND ANOTHER vs. ASARE-MANU AND ANOTHER

JUDGMENT OF OSEI-HWERE J. When this motion to set aside the default judgment came before the court for hearing, the plaintiffs’ counsel took the preliminary objection that the motion cannot be entertained. Although counsel conceded that a judgment obtained by fraud, as alleged in the defendants’ affidavit, can be set aside either by a motion or by an action yet he contended that the party who seeks to do so by motion must act timeously. According to counsel this is buttressed by Order 36, r. 18 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). By that rule: “Any verdict or judgment obtained where one party does not appear at the trial may be set aside by the Court or a Judge upon such terms as may seem fit, upon an application made within fourteen days after the trial.” It is counsel’s contention that after fourteen days the party affected can only sue to set aside the judgment. The plaintiff, he argued, obtained their default judgment against the def...