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NORTEY AND ANOTHER V. DAMATEY

(1973) JELR 63672 (HC)

High Court  •  26 Nov 1973  •  Ghana

Coram
QUASHIE-SAM J.

Judgement

QUASHIE-SAM J.: The plaintiff obtained judgment ex parte against the defendants on 4 October 1972 in the District Court Grade I, Nkawkaw.

On 20 December 1972, the defendants applied to have the said judgment set aside on the ground that they had no notice of the date of hearing and that they only got to know that the case had been disposed of when formal decree was served on them. They also on the same date filed another motion for stay of execution on precisely the same grounds. When the two applications came on for hearing on 22 January 1973, the defendants failed to appear and the two motions were struck out for want of appearance. The defendants then filed an application to relist these motions. In his order, the magistrate was of the opinion that no sufficient cause had been shown for relistment and he dismissed the application. The defendants then filed a motion for a review of the order refusing relistment and on 19 March 1973, the court refused to review its order, observing th…

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