NANA NWARE EZIA II vs. WESTERN REGIONAL MUSLIM ASSOCIATION PER THE CHAIRMAN& SECRETARY

BARBARA ACKAH-YENSU, JA This is an appeal against the Ruling of the Circuit Court, Takoradi, and dated 6th January, 2012, which was made in favour of the Plaintiff/Respondent (to be referred to simply as “Plaintiff”). The Defendants/Appellants (also to be referred to as “Defendants”) dissatisfied with the ruling have filed a notice of appeal against the said ruling. The grounds of appeal are that; “(i) The learned trial Judge wrongly exercised his discretion in favour of the Plaintiff by refusing the Appellant’s application to set aside the default judgment. (ii) The learned trial Judge misconstrued the whole of the Appellant’s application to set aside the default judgment”. The Plaintiff had earlier by his statement of claim issued a writ against the Defendants for the following reliefs; “(a) Damages and compensation for breach of the terms of the lease (b) An order permitting the Plaintiff to exercise her right of re-entry over the said Plot A, Apremdu ...