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IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, LAW COURT COMPLEX COMMERCIAL DIVISION (10) HELD IN ACCRA ON WEDNESDAY THE 14TH DAY OF JUNE, 2023 BEFORE HER LADYSHIP JUSTICE ADELAIDE ABUI KEDDEY HIGH COURT JUDGE
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SUIT NO: CM/BDC/0235/2023
DIMENSION DATA LIMITED … PLAINTIFF
VRS
LIFTED LOGISTICS LIMITED … DEFENDANT
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PARTIES:
MARILYN BORDE-KUOFIE REPRESENTING
DEFENDANT COMPANY - PRESENT
COUNSEL:
BEYEEMAN OFORI-ATTA AKYEA, ESQ., HOLDING
LED BY E.K. OWUSU-ASARE, ESQ. FOR
PLAINTIFF/RESPONDENT - PRESENT
BOBBY BANSON, ESQ., FOR DEFENDANT/
APPLICANT - PRESENT
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MR. BANSON: We have before you this morning motion on notice for an order to set aside the judgment entered in default of appearance against Defendant/Applicant and for leave to enter appearance out of time. We move in terms of the motion paper the Supporting Affidavit and Supplementary affidavit as well as the exhibits attached thereto. The Defendant was served with the Application for Judgment in Default of Appearance. However, the legal manager of the Defendant could not instruct Counsel to act on behalf of the Defendant as she was out of the jurisdiction. My Lady, we have attached evidence of her travel details to our Supplementary Affidavit. On the returned date of the motion she was however in the court room to humbly request for an adjournment to enable the Defendant to put its house in order. My Lady, I have made these submissions to show that the Defendant’s inability to enter appearance within the time provided by the rules was not out of disrespect to this honourable court. My Lady, on the more salient matter, the Defendant has a defence to the Plaintiff’s claim and which defence the Defendant intends to prosecute if the judgment is set aside and the suit takes its normal course. My Lady, paragraph 9 of our Affidavit in Support is a summary of the defence which the Defendant intends to put up in respect of the action. My Lady, essentially the Defendant is denying receiving the services or the infrastructure that the Plaintiff claims to have provided for which it’s seeking payment for from this court. The Defendant has attached as Exhibit “LL2” a letter written and addressed to the Plaintiff to terminate the agreement between the parties. It is the Defendant’s case that not having provided the