Asamoah Vrs Marfo [2011] GHASC 40 (1 June 2011)

Asamoah Vrs Marfo [2011] GHASC 40 (1 June 2011)

The High Court erred in entering judgment for US$92,600.00 when the claim was for US$130,000.00 and there was no admission or amendment to justify the lesser amount; the Court of Appeal was correct in setting aside the judgment.

Citation
[2011] GHASC 40
Parties
Plaintiff/respondent/appellant: Lydia Anane Asamoah; Defendant/appellant/respondent: Jennis Marfo alias Appiah Kubi
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
1 June 2011
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal dismissed; Court of Appeal decision affirmed
Legal Topics
Default Judgment, Summary Judgment, Service of Process, Setting Aside Judgment
Source Language
English
Civil Procedure Default Judgment Summary Judgment Service of Process Setting Aside Judgment

Case Brief

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Parties

Lydia Anane Asamoah

Plaintiff/respondent/appellant

Jennis Marfo alias Appiah Kubi

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the High Court erred in entering judgment for an amount different from the claim without admission or amendment
  2. 2 Whether failure to serve hearing notice for adjourned date rendered the judgment a nullity
  3. 3 Whether the Court of Appeal was right in setting aside the High Court judgment

Ratio Decidendi

The High Court erred in entering judgment for US$92,600.00 when the claim was for US$130,000.00 and there was no admission or amendment to justify the lesser amount; the Court of Appeal was correct in setting aside the judgment.

Court Disposition

appeal dismissed; Court of Appeal decision affirmed

Orders

  • High Court judgment set aside; retrial ordered before a differently constituted court