S. A. TURQUI & BROS V. DAHABIEH

TAYLOR J.S.C.: This appeal has been brought to test the legality of one High Court judge’s order setting aside an ex parte judgment in default of appearance given by another High Court judge in a suit No 104/75 which was ostensibly instituted at the High Court, Accra against the two plaintiffs-respondents herein for the recovery of the possession of a store. The first plaintiff-respondent is one Nasib Dahabieh, an alien trader normally resident in Ghana and carrying on business alone within the jurisdiction under the name and style: “Technical Trading Co.” The second plaintiff-respondent herein is the said Technical Trading Co, the registered company name under which as I have already pointed out, the plaintiff Nasib Dahabieh carried on his individual business. The defendants-appellants herein who instituted the said suit No 104/75, S.A. Turqui and Bros, are a partnership firm operating in Ghana and their members are also aliens.

The undisputed facts which led up to the commencement of…