STATE CONSTRUCTION CORPORATION vs. BOAKYIE

JUDGMENT OF EDUSEI J. On 1 December 1975 this court entered judgment for the plaintiffs against the defendant under Order 14, r. 1 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). On the same day a motion to set aside the judgment was filed by the defendant. It is not surprising to me that a motion to set aside the judgment could be filed the same day the judgment was given because my own recollection of the matter is that immediately after I had entered judgment for the plaintiffs in the absence of the defendant’s counsel, Mr. Kharsa of Kumasi, appeared in court and was told of what had happened. However, Mr. Tsegah, counsel for the plaintiffs, has raised a preliminary objection to the application to set aside the judgment. The substance of his objection is that a judgment obtained under Order 14, r. 1 cannot be set aside. In effect counsel is saying that such a judgment is conclusive against the defendant and it cannot be set aside. He can only appeal if he s.....