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NUM KOFI DWOMO V. HON. JOE DANQUAH (MP)

(2011) JELR 63639 (CA)

Court of Appeal  •  NO. H1/3/2011  •  1 Apr 2011  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. (PRESIDING),F.G. KORBIEH J.A. ,IRENE C. DANQUAH (MS.) J.A.

Judgement

IRENE C DANQUAH JA: This is an interlocutory appeal against the ruling of the High Court, Sunyani dated 27th May 2009 for refusing to grant the 1st Defendant/Appellants motion to set aside the default judgment entered against him on the 9th June 2008.

Ground one of the appeal was stated in the Notice of Appeal filed by the Appellant as follows:

“a. That the court erred in refusing the application to set aside the default judgment entered against the 1st Defendant/Appellant on the ground that he did not act timeously.”

No additional grounds of appeal were filed in pursuance of ground (b) on the Notice of Appeal.

The action was commenced by the Plaintiff/Respondent who was the Assemblyman for Tanokrom Electoral Area in Tain District of the Brong-Ahafo Region on 7th June 2007 against the 1st Defendant/Appellant who was the sitting Member of Parliament for the Tain constituency and two others jointly and severally. The Plaintiff sought the following reliefs:

“1. General damages against the Def…

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