[2024]DLCA17911 • December 23, 2024 • Court of Appeal
VIVIAN ADDO vs. REV. FATHER AMANKWAA
JUDGMENT GIFTY DEKYEM J. A. INTRODUCTION: This appeal is at the instance of the Defendant/Appellant (hereinafter called the Defendant) against the ruling of the Circuit Court, Obuasi dated 20 March 2023. Defendant had sought per his motion on notice for an order to set aside the judgment dated 7 April 2022 and entry of judgment served on Defendant on 5 July 2022 and for leave to file late appearance and statement of defence out of time. The application was dismissed in the ruling dated 20 March 2023. BACKGROUND: The Plaintiff/Respondent (hereinafter called the Plaintiff) took out a writ of summons and statement of claim on 6 October 2021, seeking a declaration of title to the disputed land, recovery of possession, special damages, and perpetual injunction. The Defendant was served with the writ of summons and statement of claim by substituted service. Plaintiff’s motion for interlocutory judgment in default of appearance was granted. Consequently, Plaintiff was ordere.....