ECOBANK PLC vs SOLOMON ABABIO-ADJEMAN

The Court has heard arguments for and against application to set aside final judgment in default of appearance against the Defendant. The Court has also read the affidavit both in support and against the application and perused the exhibits. The Court has discretionary power to set aside the default judgment. It is clear from the evidence from the docket that, the Defendant has entered appearance even though late. Indeed, if they had filed their entry of appearance on the morning of the 10th of March, 2023, the story would have been different, in that Plaintiff’s search would have recorded that the Defendant had entered appearance and this would have abated the application in judgment of default of appearance given against the Defendant. The Defendant have in their affidavit in support pleaded to be given the opportunity to defend the matter and the Court opines that the application is also within reasonable time. The Court will grant the Defendant the opportunity to prosecute this case to set aside the default judgment accordingly. Costs of GHC10,000.00 is awarded in favour of the Plaintiff against the Defendant. The Defendant should take steps and file their defence within the next seven (7) working days. Suit to take its normal course.

H/L JANE HARRIET AKWELEY QUAYE (MRS.)

(JUSTICE OF THE HIGH COURT)

M.A.