HINSON vs. ANKOMAH

The point I have assigned myself the task of considering in this ruling may be considered by many as trivial and not deserving any serious attention. This view may be held because the types of applications I will be focusing on in my ruling are very prevalent in the courts and are often made without anybody questioning their validity. I have myself been subjected to such applications several times and, I must confess, have on some occasions reluctantly yielded to them. Of late, however, I have began to seriously question the validity of such applications. This is why I have decided to address the matter fully taking advantage of the opportunity presented me in this case. On 7 November 1988 the defendant’s motion to set aside a default judgment earlier entered against him came on for hearing. Learned counsel for the applicant was not in court so the defendant was compelled to ask for an adjournment. Taking into account the antecedents of the application, the adjournment was granted s.....