DODZI AFATSAWU AMAGLO (SUING ON BEHALF OF THE CHILDREN OF THE LATE AFATSAWU AMAGLO OF DEKPORDOME) V. KWAKU MOHA ADZIGBLI (SUING PER HIS LAWFUL ATTORNEY) DANIEL ADZIGBLI & ANOR

JUDGMENT

1. This is an interlocutory appeal against the decision of the District Court, Dzodze dated 2 November 2022 that dismissed the Defendants Appellant’s application for judgment in default of defense to their counterclaim. That is, according to the Appellant, the Respondent failed to file a defence to their counterclaim within the period, but the court, all the same, dismissed their application for judgment in default of defence. Records show that the notice of appeal was filed on 21 November 2022 here in this Court, ostensibly without leave of the court below.

2. Grounds of the appeal, simply are that the District Court, Dzodze erred when it refused to grant the application for judgment in default of defence to the counterclaim and proceeded to hear the suit when first, the statutory period for filing statement of defence to the counterclaim has lapsed, and when plaintiff had orally indicated to the court that he would not react to the counterclaim.

3. After the notice of appeal that I ha…