[2019]DLHC7054 • July 4, 2019 • High Court
ZENABU KUBLENU (PLAINTIFF) vs. HAJAJ IBRAHIM DANKANI (DEFENDANT)
The plaintiff, daughter of the deceased Adisa Kublenu, sought to set aside a Circuit Court judgment which had been entered against her deceased mother in default of defense. The Circuit Court had declared the defendant the title holder of a property. It was alleged that the judgment was a nullity as the mother was deceased at the time the judgment was entered. The plaintiff brought the suit in the High Court to set aside the Circuit Court judgment.
read moreThe plaintiff in this case is the daughter of one Adisa Kublenu (now deceased). In her lifetime, the said mother was sued in the Circuit Court Takoradi by the defendant herein for inter alia declaration of title to House No. 38/19, 1st Avenue, Zongo, Sekondi. The Circuit Court, in default of defence on the part of the mother gave judgment for the defendant herein. It appears that at the time the relevant notices were given and the judgment was entered by the Circuit Court, the mother was dead. If that was the case, then clearly that judgment was a nullity. Now the plaintiff is before his court for an order to set aside the judgment of the Circuit Court. It does not appear too clearly the plaintiff’s reason for coming to this court instead of the Circuit Court. I would have thought that that was the most appropriate forum. That is where the substantive action was pending. If at the end of the day this suit succeeds, she will still have to go back to that court. Be that as it may I ag.....