Nana Prah Agyinsaim Of Koshea V. George Grant & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Judgment in absence of defendant—Discretion of Court to set aside.

Facts

The plaintiffs instituted an action againtit defendants claiming damages and an injunction. After repeated adjournments made at the instance of defendants and their solicitor, on the date set down for the trial there was no appearance for defendants. Judgment was entered for plaintiff in their absence. Application made under Order 34 rule 5 of the Courts Ordinance (Cap. 4) for the Court to set aside this judgment. This application was dismissed by the Judge.

Held

The granting or dismissing of the application was one within Judge’s discretion. Court will not interfere unless it can be shown that this discretion has not been exercised judicially.

Appeal dismissed.