[2013]DLSC2792 • May 24, 2013 • Supreme Court •
ATAA ASHIE NIKOI vs. CHARLES QUIST
The Appellant initiated a suit at the High Court claiming title to a piece of land. The Respondent filed a defense and counterclaim. The Appellant failed to take out summons for directions, leading the Respondent to apply for dismissal of the Appellant's claim and judgment on the counterclaim. The High Court dismissed the Appellant's claim and later upheld the counterclaim. The Appellant was not served notice of the counterclaim proceedings and only became aware after judgment was entered. Subsequent applications by the Appellant to set aside the judgment and for extension of time to appeal were dismissed or found incompetent due to procedural defects and delay.
read moreBENIN, JSC:- This is an appeal against the ruling of the Court of Appeal dated 18th June 2009, brought by the Plaintiff/Appellant/Appellant, hereinafter called the Appellant. The Court of Appeal gave a decision dismissing the appeal brought by the Appellant against the Defendant/Respondent/Respondent, hereinafter called the Respondent. The facts of the case are briefly as follows. The Appellant issued a writ of summons at the High Court claiming declaration of title to a piece of land described in the writ, among other reliefs. The Respondent entered appearance and filed a statement of defence and also served a counterclaim on the Appellant. The Appellant failed to take out summons for directions in the suit. The Respondent therefore filed an application for the High Court to dismiss the Appellant’s claim and to enter judgment for him on his counterclaim. The High Court heard the application and dismissed the Appellant’s claims. But with regard to the counterclaim the court adjo...