The present Motion seeks an Order setting aside the Judgment of this Court dated the 18th day of July, 2022 and a further order staying execution of the said Judgment.
The main grounds upon which the application rests can be found in paragraphs 14, 17, 18, 19, 21 and 22 of the Affidavit in support and paragraphs 11, 17, 19, and 22 of the Supplementary Affidavit. At the hearing of the Application, the Defendant/Applicant summarized the said grounds as follows:
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Judgement was entered for an amount that was far greater than the amount due in fact and in law
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There are exceptional circumstances warranting the exercise of the Court’s discretion in favour of the Defendant for Stay of Execution of the Judgment
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That the Defendant has a reasonable explanation for its failure to file a defence
Not surprisingly the Application is vehemently opposed. In sum, the grounds upon which the Plaintiff attacks same is that Defendant has failed to demonstrate exceptional circumstances warranting the grant of its prayer and secondly, that the Plaintiff continues to suffer hardship from being kept out of its money by the Defendant.
Having carefully considered the depositions of the parties, I am of the considered opinion that there is no merit in the instant application and here is why;
The record of this Court discloses that the Defendant, on the 25th of April, 2022 was duly served with the Plaintiff’s writ which prayed inter alia for
a) Recovery of the sum of eight hundred and sixty-three thousand, seven hundred and fifty-three Ghana Cedis and thirty-seven pesewas (GH¢ 863,753.37) being the outstanding debt owed by Defendant to Plaintiff as at the 28th of February, 2022
b) Interest on the said amount at the prevailing commercial rate from the 24th of August, 2021 to date of final payment.
On the 5th of May 2022 the Defendant filed a Notice of Appearance per its Solicitor, Marian Ekua Hayfron-Benjamin of Ashong Benjamin & Associates but failed or refused to file a defence within the time frame stipulated by the rules.
As was to be expected, the Plaintiff on the 31st of May 2022 filed a Motion for Judgment in Default of Defence with the 7th of June 2022 as the return date. This motion was served on the Defendant on the 2nd of June 2022. On the 7th of June 2022 the matter had to be adjourned because the Defendant had been short served by a day.
The Application eventually came up for hearing on the 5th of July, 2022. Both parties and their Counsel were present i
