[2011]DLCA16080October 27, 2011Court of Appeal

REBECCA GYAMFI, ERIC MANU BOAFO vs ADU ESQ. ANAJI

JUDGMENT DENNIS D. ADJEI (JA) On 9th June, 2009 the High Court, Sekondi gave final judgment in default of defence in favour of the Plaintiffs/Respondents to recover the sum of GH¢15,500.00 with interest at the current bank rate from July 2003 to the date of final payment. On 27th July 2009, the Defendant/Appellant applied to the High Court to set aside the default judgment entered in favour of the Plaintiffs and a further order adopting the statement of defence filed out of time. The Defendant’s application to set aside the judgment in default of defence was dismissed by the trial High Court for failing to disclose any triable issue. On 29th October, 2009, the Defendant/Appellant being dissatisfied with the ruling of the trial High Court which refused to set aside the default judgment, appealed against it to this Court. The brief facts of this appeal are that the Plaintiffs/Respondents instituted this action against the Defendant at the High Court, Sekondi for the followin...