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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

In this High Court ruling, Justice Angelina Mensah-Homiah addresses an application by the Defendants/Judgment Debtors to set aside a default judgment previously entered against them. The Defendants asserted that the motion for default judgment was not served on their counsel and that the entry of judgment was not served on them, and they claimed to have a good defence and that there is no time limit to seek setting aside. The Plaintiffs counsel contested these assertions, arguing that service was effected and that such applications must be made timeously, subject to the courts discretion. Citing Order 13 rule 8 of C.I. 47, the court scrutinized the affidavits and submissions, found the application brought in bad faith, determined service had been properly effected on counsels clerk and on the Defendants personally, noted the defence was filed only after entry of judgment had been served, and refused to exercise discretion to set aside. The court dismissed the application and awarded costs of GHC 5,000.

RULING