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PIONEER CONSTRUCTION PRODUCTS LTD. V. FADDOOL

(1973) JELR 65844 (HC)

High Court  •  3 Dec 1973  •  Ghana

Coram
CHARLES CRABBE J.

Appearances
K. E. AMUA-SEKYI FOR THE PLAINTIFF; DR. TWUM FOR ONIMPA AKUOKO & CO. FOR THE DEFENDANTS.

Judgement
<p>CHARLES CRABBE J.: The plaintiff-respondent (hereinafter referred to as the plaintiff) sued the defendant-applicants (hereinafter referred to as the defendants) on an originating summons for a declaration that by virtue of a provision in a certain deed of assignment the defendants became tenants of a certain property, for the sum of ยข12,000.00 being arrears of rent, and for vacant possession. Judgment was entered against the defendants.</p><p>The court is now being moved for an order to set aside the judgment obtained. In his affidavit supporting this application a director of the defendant company deposed, inter alia:</p><p><em> โ€œ(2) That on 3 July 1973, I attended this court and announced to the court that the company was in liquidation. </em></p><p><em>(3) That his lordship the judge ruled that in those circumstances the plaintiff should consult his lawyer who would know what to do. </em></p><p><em>(4) That no new date was fixed for hearing the case. </em></p><p><em>(5) That no hearing notice was served on the Registrar-General or the defendant-jโ€ฆ</em></p>

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