MADAM GLADYS O. COFIE V. THE HEAD OF FAMILY GILBERT JOHNSON FAMILY & ANOR.

BARTELS-KODWO, JA

This is an Appeal filed by the Defendant/Appellant, hereinafter referred to as the Appellant against the ruling of the High Court delivered on 26th June, 2018 refusing to set aside a default judgment. The subject matter of the suit has a little history. It is the case that the Respondent’s late mother Victoria Netteley Allotey purchased the land from one Gilbert Johnson. He passed on and his successor, John Benjamin Johnson, his eldest son as Head of Family executed a Deed in 1975 in respect of the purchase. The children of Victoria Allotey, including the Respondent registered the land and obtained a Land Title Certificate. They then sued one Ansong Wordie who had trespassed on the land claiming to have obtained a lease from the same Johnson Family. The Respondents took an action against them and won in the High Court. Ansong Wordie appealed against that judgment but by then their lease of over 30 years had expired so they vacated the land. The Court of Appeal was una…