KOFI III vs. AKRASI II AND ANOTHER (NO 2)

The plaintiff instituted an action against the defendants in the High Court. The plaintiff lost the action. He appealed against the judgment to the Court of Appeal. The appeal was heard in this court and judgment entered in favour of the plaintiff-appellant. The defendants-respondents applied to set aside that judgment. Indeed, the judgment was set aside on 17 November 1993. Costs of 50,000 cedis were awarded to the defendants-respondents. The plaintiff-appellant then applied to this court to have the costs set aside. In this ruling, the plaintiff-appellant will be referred to as the applicant the defendants-respondents will be referred to as the respondents. The main complaint of the applicant was that the judgment in his favour in this court was set aside because the case was heard in the absence of the respondents; they were not served with hearing notice, neither was a hearing notice published in the Gazette. He argued that none of these defaults was attributable to the applicant ...