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EBOYI-ANZA V. ASHER AND ANOTHER

(1975) JELR 82152 (HC)

High Court  •  15 Jan 1975  •  Ghana

Coram
EDUSEI J.

Appearances
Charles Hayfron-Benjamin for the defendants-applicants. R. S. Blay (with him Polley) for the plaintiff-respondent.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p><strong>Edusei J.</strong> </p><p style="text-align: justify;">The plaintiff sued out a writ of summons on 11 October 1974, claiming ¢25,000.00 for libel against the defendants. The defendants by their solicitors on 31 October 1974, sent a letter together with a notice of appearance and a postal order for 90p. To the registrar of this court for filing and service. On 15 November 1974, the registrar of this court wrote to inform the solicitors of the defendants that their document had been assessed at ¢1.10 and the difference of twenty pesewas should be remitted to him without delay. In the meantime on 14 November 1974, the plaintiff’s solicitor filed a motion for interlocutory judgment in default of appearance and this was granted on 25 November 1974.</p><p style="text-align: justify;">The defendants have now applied to this court to set aside the interlocutory judgment. The affidavit in support of this application has stated the circumstances which made this registry unable to file the document for entry of appearance. This in short was that the amount of 90p. Se…</p>

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