DAVID VRS WIREDU (A9/134/21) [2023] GHADC 919 (20 December 2023)

DAVID VRS WIREDU (A9/134/21) [2023] GHADC 919 (20 December 2023)

The formal decree was properly drawn in accordance with the law, based on a valid judgment regularly obtained after the defendant was duly served and failed to appear. The application to set aside the decree is without merit and is an abuse of process intended to delay enforcement.

Citation
[2023] GHADC 919
Parties
Plaintiff: Adjei K. David; Defendant: Murphy Wiredu
Court
District Court
Jurisdiction
Ghana
Judgment Date
20 December 2023
Case Number
A9/134/21
Procedural Posture
Civil / Post Judgment Application to Set Aside Formal Decree
Outcome
application dismissed
Legal Topics
Setting Aside Decree, Execution of Judgment, Rent Refund, Abuse of Process
Source Language
English
Landlord and Tenant Civil Procedure Setting Aside Decree Execution of Judgment Rent Refund Abuse of Process

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Parties

Adjei K. David

Plaintiff

Murphy Wiredu

Defendant

Procedural Posture

Civil / Post Judgment Application to Set Aside Formal Decree

Legal Issues

  1. 1 Whether the formal decree dated 3rd February 2023 should be set aside on grounds that the amount stated does not reflect the true amount payable to the applicant
  2. 2 Whether the formal decree was properly drawn and based on a valid judgment

Ratio Decidendi

The formal decree was properly drawn in accordance with the law, based on a valid judgment regularly obtained after the defendant was duly served and failed to appear. The application to set aside the decree is without merit and is an abuse of process intended to delay enforcement.

Court Disposition

application dismissed