HARUNA V. ARTS COUNCIL OF GHANA

BENIN J.: I believe this application has once again brought into sharp focus the argument whether or not there should not be a time limit after which a party will not be permitted to have a default judgment vacated. We know that under Order 13, r. 11 and Order 27, r. 16 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) a party in default can always apply to vacate a judgment obtained in default of appearance and defence respectively against him, and there is no time limit as to when he can do this. Even though Apaloo J.A. (as he then was) in Akrong v. Ashiefie, Court of Appeal, 20 October 1967, unreported; digested in (1968) C.C. 14 has said that the requirement of justice is the limiting consideration in such an application, yet the overwhelming authority on the subject is in favour of setting aside if the party reasonably wants to be heard on the merits. I shall return to some of these authorities subsequently, as it appears the requirement of justice has no definitive sta…