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AGNES BOATENG v. ANGEL ESTATE CONSTRUCTION LTD

2016

HIGH COURT

GHANA

CORAM

  • DR. RICHMOND OSEI-HWERE

Areas of Law

  • Civil Procedure
  • Commercial Law

AI Generated Summary

The Plaintiff/Respondent issued a Writ of Summons against the Defendant/Applicant on August 25, 2016, with service effected on the same day. The Defendant/Applicant failed to enter an appearance, leading to a default judgment in favor of the Plaintiff/Respondent on September 23, 2016. Aggrieved, the Defendant/Applicant filed a motion to set aside the judgment on October 28, 2016, arguing it was during the court's vacation period, thus void. The court addressed whether the default judgment adhered to court rules and should be set aside. The court held the judgment was properly obtained but eventually set it aside due to a substantial defence raised by the Defendant/Applicant. The court exercised its discretion to do substantial justice despite the applicant's failure to evince good reasons for the default.

RULING