ALHAJI GARUBA V. MAJOR RTD JONES ADIGBO & MRS. CHRISTIANA ADIGBO

JUDGMENT

P. K. GYAESAYOR J.A:-

This is an appeal against the decision of the Circuit Court, Accra dated 22nd day of July 2003. 

In this appeal, the defendant appellants appeal against the judgment which was entered against them for failing to appear in court on the said 22nd day of July 2003 when the court took evidence from the plaintiff/respondent and delivered judgment on that same day without giving them the opportunity to cross examine the plaintiff or to be heard in defence of their case.

The plaintiff respondent took out a writ of summons in the circuit court on 2nd April 2002 seeking;- 

i. “An order setting aside the purported lease agreement dated 7th September, 1987 between Alhaji Baba Nagari and his 3 brothers (Alhaji Abdulai Atanta, Alhaji Umaru Giwah and Alhaji Garuba Giwah) on the one part and Major (Rtd) and Mr. Christian Jones Adigbo on grounds of unconscionability and inconsistency with the provisions of the illiterates Protection ordinance cap 262 as amended by the illite…