ASOGBA VRS BOTWE II & ANOTHER (HI/92/2021) [2021] GHACA 37 (24 June 2021)

ASOGBA VRS BOTWE II & ANOTHER (HI/92/2021) [2021] GHACA 37 (24 June 2021)

The appellant demonstrated a reasonable defence to the action and provided a plausible explanation for her failure to file a defence. The trial judge erred in refusing to set aside the interlocutory judgment, as the true ownership of the land could only be determined after a trial on the merits. The appeal was allowed, the default judgment set aside, and the matter remitted for trial.

Citation
[2021] GHACA 37
Parties
Defendant/appellant: Comfort Asogba; Plaintiff/respondent: Nii Laryea Botwe II; Plaintiff/respondent: Evans Quaye
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
24 June 2021
Case Number
HI/92/2021
Procedural Posture
Civil Appeal / Judgment on Appeal Against Refusal to Set Aside Interlocutory Judgment
Outcome
Appeal allowed; default judgment set aside; suit remitted for trial on the merits.
Legal Topics
Setting Aside Default Judgment, Title to Land, Substituted Service, Right to Fair Hearing
Source Language
English
Land Law Civil Procedure Setting Aside Default Judgment Title to Land Substituted Service Right to Fair Hearing

Case Brief

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Parties

Comfort Asogba

Defendant/appellant

Nii Laryea Botwe II

Plaintiff/respondent

Evans Quaye

Plaintiff/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal Against Refusal to Set Aside Interlocutory Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing to set aside the interlocutory judgment
  2. 2 Whether the appellant demonstrated a reasonable defence to the action
  3. 3 Whether the ruling was against the weight of evidence

Ratio Decidendi

The appellant demonstrated a reasonable defence to the action and provided a plausible explanation for her failure to file a defence. The trial judge erred in refusing to set aside the interlocutory judgment, as the true ownership of the land could only be determined after a trial on the merits. The appeal was allowed, the default judgment set aside, and the matter remitted for trial.

Court Disposition

Appeal allowed; default judgment set aside; suit remitted for trial on the merits.

Orders

  • Appellant to file statement of defence within 7 days from the date of judgment.
  • Suit remitted to the High Court to be tried on the merits and to take its normal course.