[2016]DLCA4634 • January 28, 2016 • Court of Appeal
DR. EBENEZER BADOE vs. EDWARD FRIMPONG
ADUAMA OSEI On the 6th of November, 2006, the Plaintiff/Respondent, hereinafter called “the Respondent”, caused a writ of summons to be issued in the High Court, Accra, claiming a declaration of title to land and other reliefs against the Defendant/Appellant, hereinafter called “the Appellant”. On the 29th of November, 2006, the Appellant caused an appearance to be entered for him. No statement of defence was however filed on his behalf. The record of appeal shows that on the 12th of February, 2007, there was a proceeding before the High Court in which final judgment was purportedly entered in favour of the Respondent against the Appellant, granting the Respondent all the reliefs claimed by him. Strangely however, on the 23rd of March, 2007, over a month after final judgment was supposedly entered in favour of the Respondent against the Appellant, an application was filed in the High Court for leave to enter interlocutory judgment against the Appellant. The return date f...