AGBONUGLA KOFI ATAKLI & ANOTHER vs PATRICK ADJAVON & ANOTHER

This case involves an application to set aside an Entry of Judgment filed by the Defendants/Respondents. The court had previously struck out the Plaintiffs/Applicants' Writ of Summons and Counterclaim as an abuse of process, citing a 1964 Supreme Court Judgment. However, the court found that this previous ruling did not make a definitive pronouncement on the Defendants/Respondents' Counterclaim, and therefore did not justify the filing of an Entry of Judgment. The court agreed with the Plaintiffs/Applicants' counsel that the Entry of Judgment was not warranted based on the previous court decree. Consequently, the court set aside the Entry of Judgment and awarded costs of GH₡1,500.00 to the Plaintiffs/Applicants. This ruling emphasizes that an Entry of Judgment must be based on a definitive court pronouncement on the matter at hand, and that striking out a claim or counterclaim as an abuse of process does not automatically entitle the opposing party to file an Entry of Judgment.