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EASY INVESTMENT SERVICE LIMITED v. KWABENA OWUSU ABABIO & ANOR

2018

HIGH COURT

GHANA

CORAM

  • ANGELINA MENSAH-HOMIAH (MRS.) JUSTICE OF THE HIGH COURT

Areas of Law

  • Civil Procedure

AI Generated Summary

This case involves an application by the Defendants to set aside a default judgment entered against them. The Defendants claimed that they were not served with the motion for default judgment or the entry of judgment. However, the Plaintiff's counsel provided evidence that proper service was made. The court found that the Defendants' application was made in bad faith and that they had no viable defense. The court emphasized that while parties have the right to apply to set aside default judgments, the rules of court should not be used to frustrate a Judgment Creditor. The court refused the application and awarded costs against the Defendants, stating that they had not been candid and did not merit the exercise of the court's discretion in their favor. The ruling underscores the importance of timely and honest engagement with legal proceedings and the court's discretion in matters of setting aside default judgments.

RULING