BARBARA DONKOR ADJEI & ANOR VS DAVID ABU KANTONG
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’.
Areas of Law
- Civil Procedure
- Contract Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Respondent failed to file a statement of defence after entering an appearance in the case. The Applicants sought a judgment in default of defence, claiming USD 25,000 transferred to the Respondent. They presented evidence of the transfer, which the court accepted. Neither the Respondent nor his counsel appeared in court. The court granted the Applicants' claim, awarded them the sum, along with interest, and costs. The case cites FOFIE v POMAA and relies on section 9(3) of NRCD 323 for judicial notice of the payment receipt.
The Defendant/Respondent (hereinafter called the Respondent) filed his notice of Entry of Appearance on 2nd August 2023. He did not file statement of defence within the stipulated time as prescribed by the rules of Court.
The Plaintiffs/Applicants (hereinafter called the Applicants) filed their motion on notice for Judgment in Default of defence against the Respondent on 11th December 2023. It was served on counsel for the Respondent on 9th January 2023. The Respondent has not filed any affidavit in opposition.
The Respondent has also not filed any defence.
Counsel for the Respondent was served with hearing notice on 25th January 2024 for today’s proceedings.
He is absent as well as the Respondent.
The court has taken judicial notice under section 9 (3) of NRCD 323 of a receipt issued by Ecobank Ghana Ltd. on 6th July 2022 to the Applicants when they transferred USD 25, 000 to the Respondent.
It is the USD 25, 000 which the Applicants are claiming in their Writ of Summons which has given rise to this present application for judgment in default of defence.
I am of the view, that the USD 25, 000 the Applicants transferred to the Respondent on 6th July 2022, qualifies as a liquidated claim.
See: FOFIE v POMAA [1974] 2 GLR 6 I am also of the view, that the Respondent has no defence to the Applicants claim.
I will therefore grant the Applicants final Judgment in this case against the Respondent.
The Applicants are to recover from the Respondent cash, the sum of USD 25, 000. I will award interest on the said sum at United States Dollar (USD) lending rate from May 2022, until the date of final payment.
I will award the Applicants cost of GHS 10, 000. 00 against the Respondent.
FRANCIS OBIRI(JUSTICE OF THE HIGH COURT)