CHRIS EKE MIKE LTD VS CHRISTOPHER EKE UWAKA & ORS

BY COURT: JUDGMENT (FINAL)1. This Court has heard the motion, there are two affidavits in support.

The affidavit in support and a supplementary affidavit.

There Exhibit ‘A’ a search Report which showed that 1st Defendant has been served with the Writ of Summons on 25th September, 2019 but has failed to file a Notice of Appearance as required by the rules of Court.

The proof of service which has been annexed as Exhibit ‘B’ to the supplementary affidavit showed that 1st Defendant has been duly served as alleged.

Exhibit ‘B’ is an order of substituted service granted by this Court on 20th September, 2019 with a period of seven (7) days of posting which has long lapsed.

This evidence [exhibit B] is not only prima facie evidence that 1st Defendant has been duly served, but this taken together with the deposition in support I hold conclusively that 1st Defendant has been duly served.

The 1st Defendant has failed or neglected to file a notice of appearance within 8 days as required by the rules of this Court.

The nature of relationship between Plaintiff and 1st Defendant and the 2nd Defendant is a contractual one.

The allegation that money has been paid into 1st Defendant’s account has been established.

The reliefs indorsed appear to be liquidated in nature, because this dispute arose from a contractual relationship.

That amount deposited in 1st Defendant accounts which is readily veritable is an amount that Plaintiff is entitled to without any further proof by way of viva voce evidence.

Consequently I enter final Judgment in favour of Plaintiff against the 1st Defendant in respect of relief 1. 2. Costs of GH¢5, 000. 00 is awarded in Plaintiff’s favour and against the 1st Defendant

(SGD)H/L NICHOLAS M. C. ABODAKPI JUSTICE OF THE HIGH COURT.