MUMUNI AND ANOTHER vs. ZAKARIA AND ANOTHER

JUDGMENT OF BENIN J. I consider it relevant to give a brief background history of this case to enable the present application, the arguments thereon, and the court’s ruling to be appreciated in full. The plaintiff-respondents (hereinafter called the plaintiffs) sued out a writ of summons on 17 May 1989 claiming damages against the defendant-applicants (hereinafter called the defendants) in a running down matter. The defendants, having been served with the writ, failed to enter an appearance. A judgment in default of appearance was applied for and obtained against the defendants who were subsequently served with a notice of entry of judgment after trial. The plaintiffs made an attempt to go into execution after which the defendants applied for, and obtained leave to enter an appearance out of time from this court then presided over by my brother Okyere J. The court, besides dealing with the application for leave to enter appearance out of time, on its own motion set aside the defaul.....