Setting aside judgment

Ghana · 2024

Principle established: A judgment entered in default proceedings may be vacated on grounds of fraud, balancing the finality of litigation against the need to prevent the misuse of the court system.

Sierra Leone — Court of Appeal · 2012

Principle established: An applicant may move to set aside an order dismissing an appeal and restore it for hearing while seeking a stay of execution of the underlying judgment.

Sierra Leone — Supreme Court · 2015

Principle established: Procedural irregularities in entering an action for trial are not necessarily fatal and do not render the proceedings void if they do not result in a miscarriage of justice.

Sierra Leone — Supreme Court · 2015

Principle established: Appellate courts must determine whether a failure to strictly comply with procedural rules for entering an action for trial constitutes a fatal irregularity that voids the proceedings.

Sierra Leone — Supreme Court · 2015

Principle established: A court evaluates whether an irregularity in trial entry is so fatal as to render the proceedings void, or if the action was effectively entered despite non-compliance with specific rules.

Sierra Leone — Court of Appeal · 2013

Principle established: A party may apply to set aside a petition and its service on the grounds of gross irregularity.

Sierra Leone — Supreme Court · 1962

Principle established: A defendant's contumelious failure to enter an appearance does not preclude setting aside a default judgment if a bona fide defence on the merits is disclosed and circumstances warrant it.

Sierra Leone — Supreme Court · 1962

Principle established: A court may exercise its discretion to set aside a default judgment where a defence on the merits is disclosed, notwithstanding the defendant's contempt in ignoring the writ.

Sierra Leone — Court of Appeal · 1962

Principle established: Where a court hears evidence and enters judgment on the merits in the absence of the defendant, the judgment cannot subsequently be set aside under default judgment procedural rules.

Sierra Leone — Court of Appeal · 1962

Principle established: A court has no jurisdiction to set aside a judgment obtained after a trial on the merits held in the absence of a non-appearing defendant.

Sierra Leone — African Law Reports · 1950-56

Principle established: Failure to comply with a fundamental statutory condition precedent to an appeal deprives the court of jurisdiction, rendering the proceedings a nullity which may be set aside ex debito justitiae.

Sierra Leone — Supreme Court · 2014

Principle established: The Supreme Court may restore a dismissed appeal and enlarge the time for filing a case if the applicant shows sufficient reason for the delay.

Sierra Leone — Supreme Court · 1962

Principle established: A party affected by an order obtained ex parte contrary to rules of court may proceed by motion to discharge the order made per incuriam rather than by appeal.

Sierra Leone — Supreme Court · 1962

Principle established: The court has inherent jurisdiction on motion to discharge an ex parte order granted per incuriam in violation of procedural rules where no third-party rights have intervened.

Ghana · 2026

Principle established: A judgment obtained through fraud or deceit is not entitled to legal respect and may be set aside, as fraud vitiates all judicial proceedings.

Sierra Leone — Court of Appeal · 2012

Principle established: A party may apply to set aside a petition for the interpretation of a political party's constitution on the grounds of gross irregularity in the petition or its service.

Sierra Leone — African Law Reports · 1972-73

Principle established: A court cannot enforce its previous judgment upon an application by motion; furthermore, courts have inherent power to correct accidental clerical errors or slips in their own records on motion or summons.

Sierra Leone — African Law Reports · 1964-66

Principle established: An appellate court may interfere with a judge's exercise of discretion in setting aside a default judgment if it is based on a wrong legal principle, wrongly arrived at, or results in injustice.

Sierra Leone — Court of Appeal · 2017

Principle established: Enforcement of a judgment against a defunct statutory body cannot be automatically extended to its successor entities if such enforcement contravenes specific statutory provisions governing the transfer of liabilities.

Zimbabwe · 2026

Principle established: A default judgment may be rescinded if the applicant was not properly served with summons and has a direct and substantial interest in the matter.

Zimbabwe · 2026

Principle established: A litigant who is in willful contempt of an existing court order may be denied audience under the "dirty hands" doctrine until the contempt is purged.

Kenya · 2026

Principle established: An order of mandamus compelling payment of a debt by a public body may be enforced through contempt proceedings, including committal to civil jail for non-compliance.

Sierra Leone — Court of Appeal · 1972

Principle established: The proper procedure for a plaintiff against whom judgment has been entered in default of appearance per incuriam is to apply to the trial court to set it aside.

Sierra Leone — African Law Reports · 1972-73

Principle established: Where a plaintiff suffers a default judgment per incuriam, the appropriate remedy is an application to the trial court to set aside the judgment rather than a direct appeal.

Sierra Leone — Supreme Court · 1974

Principle established: A court has inherent jurisdiction to set aside its own default judgment for a patent irregularity, such as execution for more than the judgment, and a claim for unliquidated damages must be assessed before execution.

Sierra Leone — Supreme Court · 1974

Principle established: A court has inherent jurisdiction to set aside its own default judgment for a patent irregularity, such as execution for more than the judgment, and a claim for unliquidated damages must be assessed before execution.

Sierra Leone — Court of Appeal · 2015

Principle established: A trial judge should consider an application to set aside a default judgment if the defendant demonstrates a merit-based defence and took immediate steps to rectify the default.