[2024]DLCA17906November 28, 2024Court of Appeal

NANA TWENEBOAH KODUA OCCUPANT OF THE HEMAN STOOL vs. THE BATA STOOL PER ITS OCCUPANT NANA BOAKYE ADDO II

JUDGMENT BAAH, J.A A. BACKGROYND 1. This is appeal is challenging the ruling of the High Court, Kumasi, coram: Priscilla Dikro, J., dated 10 May 2024, by which the application by the defendant/appellant (hereafter appellant), praying for an order setting aside the final judgment of the same court dated 16 October 2023, was dismissed as being bereft of merit. 2. Dissatisfied with the ruling, the appellant initiated an appeal on 23 May 2023, beseeching us to set aside the appealed ruling with an order allowing the appellant to mount a defence to the action of the plaintiff/respondent (hereafter respondent), to facilitate the conduct of a plenary trial on the merits of the pleadings. In the notice of appeal, the sole ground canvassed is that: “The trial judge erred in dismissing the defendant’s motion to set aside the default judgment when the defendant has shown that he has a defence to plaintiff’s claim and a reasonable ground for not entering appearance.” B. SUBM...