AMPIM II V. BEDIAKO I

AMUAH J.: In this motion the defendant-applicant is praying for an order of this court to set aside a default judgment entered against him on 3 August 1981 under Order 27 r. 16 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A). The grounds for the application are sufficiently set out in the affidavit attached hereto. After explaining the cause of delay in filing a defence he went on to state that he had a good defence. In paragraph 7 of his affidavit he stated that:

“The land the subject matter in dispute is land which belongs to the Manso Amenfi stool and I granted the land to the plaintiff under a mistaken belief that I could grant same.”

In the ensuing argument Mr. James Mercer, learned counsel for the plaintiff-respondent, relied on a plea of estoppel and asked the court to dismiss the applicant’s motion. Mr. Mercer began with the point raised by Mr. Dawson, learned counsel for the defendant-applicant, that the judgment was obtained irregularly since Order 27, r. 7 was not…