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SAMUEL KWASI NTIAMOAH V. KWAKU AYESU OPARE ADDO

(2008) JELR 69733 (CA)

Court of Appeal  •  CASE NO. H3/135/08  •  15 May 2008  •  Ghana

Coram
HENRIETTA ABBAN (MRS.) [PRESIDING], YAW APPAU J.A.,VICTOR OFOE J.A.

Judgement

YAW APPAU, J.A.

The application before this Court is one praying for an extension of time within which to file notice of appeal against a default judgment entered against the applicant by the High Court, Mampong. The applicant was the defendant in the court below and a Senior Police Officer. What gave rise to this case was that the applicant purchased a vehicle from the respondent who was the plaintiff in the court below. He made part-payment and promised to pay the remaining amount within a certain period. When he was unable to pay, the respondent dragged him to the court below for recovery of the remaining sum, which was then thirteen million cedis (¢13,000,000.00). When the applicant was served with the writ of summons on 17/10/06, he posted it back to the Registrar of the High Court from which it emanated with an accompanying letter that read as follows: —

“Dear Registrar, I received your Writ which was in actual fact fraught with many mistakes. Kindly rectify the mistakes.”

The lett…

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