The Plaintiff on 29th March, 2019 instituted the instant action against the Defendant for the following reliefs as endorsed on the Writ of Summons and Statement of Claim:
a. Recovery of the sum of GH¢35,618 on account of debt owed Plaintiff.
b. Interest at the commercial bank lending rate on the sum of GH¢35,618 from 11th May, 2015 up to and until date of final payment.
c. Recovery of the sum of GH¢467,618.
d. Interest on the sum of GH¢467,618 at the commercial bank lending rate from 11th December, 2015 up to and until date of final payment.
e. Costs including legal fees.
The gravamen of the Plaintiff’s claim is contained in paragraphs 3 to 9 of the Statement of Claim, a summation of which is as follows:
According to the Plaintiff, on 10th January 2017, the Court granted him Letters of Administration to administer the estate of his deceased wife, Mrs. Victoria Achiamaa
Opoku. The Plaintiff says that, prior to the demise of his wife, she was the proprietor of Victs Opoku Enterprise.
The Plaintiff avers further that per a pro-forma invoice numbered 0001400 and dated 10th May, 2015, the enterprise sold goods to the Defendant to the tune of GH¢ 35,618.
The Plaintiff says also that the enterprise, per invoice number 0001409 dated 10th December, 2015, sold to the Defendant 3,600 bags of rice amounting to GH¢432,000.
It is the Plaintiff’s case that the total indebtedness of the Defendant to him is GH¢467,618. That the Defendant has refused to pay same despite repeated demands upon it.
The Plaintiff concludes by saying that as the administrator of the estate of his deceased wife, he is entitled to the amount due as it is a just debt which falls within the estate of his wife.
Upon the inability to serve the process personally on the Defendant, the Plaintiff by an ex-parte application filed on 23rd August, 2018, sought to have the process served on the Defendant by substituted service. The application was granted by this Court on 6th June, 2018.
The records before this Court show that upon service of the Writ of Summons and Statement of Claim on 1st September, 2018, the Defendant entered appearance through its Counsel on 12th October, 2018.
Also from the records of the Court, the Defendant has to date failed to file a defence to the Plaintiff’s claim as required by Order 11 Rule 2 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
On 14th November, 2018 the Plaintiff as Applicant filed a motion on notice for judgment in default of defence. Th
