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May 10, 2023
CIRCUIT COURT
GHANA
CORAM
RULING
NOTICE OF MOTION: APPLICATION FOR LEAVE TO ENTER
APPEARANCE AFTER JUDGMENT AND FOR AN ORDER TO STAY
EXECUTION PENDING THE DETERMINATION OF THE APPLICATION
UNDER ORDER 9 R 6 (1) OF C. I. 47.
BACKGROUND
The Plaintiff on the 29th of June 2022 issued a Writ of Summons with a
Statement of Case against the Defendant seeking for the following reliefs;
a) An Order for the recovery of the principal sum of Ninety-One Thousand
Seventy-Two United States Dollars, Thirty-One Cents (US$91,072.31) at
the prevailing inter-bank exchange rate or in the alternative,
repossession of the Two (2) vehicles for judicial sale to settle the
indebtedness;
b) An order for interest at the prevailing commercial bank interest rate on
relief (a) supra with effect from 28th May, 2022 till the date of final
payment;
c) General damages for breach of agreement; and
d) Costs including Solicitors fees of 10% on reliefs (a) & (b).
On the 9th of August 2022, the Court differently constituted granted an
Application for Judgment in default of Appearance in respect of reliefs (a), (b),
and (d). Counsel Plaintiff prayed to abandon relief ‘c’ and same was struck out
as withdrawn. The Plaintiff then commenced execution processes and
subsequently filed an Application for the Determination of Reserve Price on the
1st of March 2023 with a return date of 10th March 2023. However, before the
Application could be heard, a Notice of Appointment of Lawyers was filed by
the Defendant herein on the 9th of March 2023 and on the same day, this instant
Application was filed.
The Defendant/Applicant’s Case
The basis of the Defendant/Applicant’s (hereinafter referred to as ‘Defendant’)
instant Application as deposed to by Audrey Twum, Esq in the Affidavit in
Support is that the instant action was brought to the attention of the Defendant
company after Judgment had been entered and long after the time limited for
Appearance. She deposed further that a Search conducted indicates that the
process was served on one Samantha Aidoo on behalf of the Defendant but the
said Samantha Aidoo is not known to the Defendant, neither did she bring the
process to the attention of the Defendant. The Deponent continued that the Defendant’s inability to enter Appearance was not wilful hence the instant
prayer for leave to enter Appearance after Judgment to enable the proper
defence of its interest in the case. She concluded by deposing further that the
Defendant cannot be heard until leave is
AI Generated Summary
In the Ghana Circuit Court, H/H Halimah El-Alawa Abdul-Baasit ruled on a notice of motion seeking leave to enter appearance after judgment and a stay of execution. The stay request was not argued and was treated as abandoned. The underlying commercial dispute involved a claim for US$91,072.31, interest, repossession of two vehicles, general damages, and costs, culminating in a default judgment on 9 August 2022. Execution steps followed, including approval of a Writ of Fieri Facias and an application for reserve price. The applicant’s affidavit by Audrey Twum, Esq., asserted that the company only learned of the case after judgment and that service was effected on an unknown “Samantha Aidoo.” The opposition affidavit by Thomas Mbawin Asaana alleged bad faith and lack of exceptional circumstances. Applying Order 9 Rule 6(1) of C.I. 47, and noting execution was ongoing but incomplete, the court granted leave to enter appearance so the case could proceed in the ordinary course.