Aryeetey and Another Vrs Royal Investment and 18 Others [2005] GHACA 8 (29 November 2005)

Aryeetey and Another Vrs Royal Investment and 18 Others [2005] GHACA 8 (29 November 2005)

The 5th Defendant was properly served with the writ of summons as evidenced by her presence in Ghana at the material time; she had no good excuse for absence and no arguable defence, so the default judgment stands.

Citation
[2005] GHACA 8
Parties
Plaintiff/respondent: Alphonso O. Aryeetey; Plaintiff/respondent: John O. Aryeetey; Defendant/appellant: Royal Investment Co. Ltd.; Defendant/appellant: 18 Others
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
29 November 2005
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Default Judgment, Service of Process, Setting Aside Judgment, Tenancy Rights
Source Language
English
Civil Procedure Land Law Landlord and Tenant Default Judgment Service of Process Setting Aside Judgment Tenancy Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alphonso O. Aryeetey

Plaintiff/respondent

John O. Aryeetey

Plaintiff/respondent

Royal Investment Co. Ltd.

Defendant/appellant

18 Others

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the default judgment was regularly or irregularly obtained
  2. 2 Whether the 5th Defendant was properly served with the writ of summons
  3. 3 Whether the 5th Defendant had an arguable defence

Ratio Decidendi

The 5th Defendant was properly served with the writ of summons as evidenced by her presence in Ghana at the material time; she had no good excuse for absence and no arguable defence, so the default judgment stands.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.