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MANSAH V. KAAWUOH

(1961) JELR 84082 (HC)

High Court  •  16 Dec 1961  •  Ghana

Coram
DJABANOR J.

Appearances
I. R. Aboagye for plaintiff-respondent. J. Prempeh for defendant-applicant.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p><strong>DJABANOR J.</strong></p><p style="text-align: justify;">This is an application to set aside a judgment obtained on the 27th November 1961, under Order 14, rule 1, of the Supreme [High] Court (Civil Procedure) Rules, 1954. Normally, a judgment obtained under Order 14, Rule 1 cannot be set aside—<strong>Spira v. Spira [1939] 3 All E.R. 924.</strong> Printed boldly on the front of the writ are the words: <em>&quot;Specially Endorsed Writ, Order 3, rule 6&quot;</em> in capitals, and the endorsement reads:</p><blockquote><p style="text-align: justify;"><em>&quot;Plaintiff &#x27;s claim against the defendant is for the sum of £G617 6s. 8d. Being balance of an amount of £G1,000 due and owing to the plaintiff as per the defendant&#x27;s promissory note dated 22nd day of January, 1957.&quot;</em></p></blockquote><p style="text-align: justify;">The defendant entered appearance by counsel on the 28th October 1961, eight days after service of the writ upon the defendant. On the 21st November 1961, the plaintiff filed a motion on notice under Order 14, rule 1 for leave to sign final judgment for the amount endorsed on the writ. This motion was served on the defendant&#x27;s solicitor on the 25th …</p>

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