EMMANUEL O. W. CRUCHSHANK VS MARGARET ATTOR
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI (J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Nicholas M. C. Abodakpi of the High Court issued an order on 11/06/2019 after confirming that the motion to sign judgment in default of defence had been duly served on the Defendant’s law firm, with proof of service on the record. The Defendant had previously filed a Notice of Appearance on 10/10/2018 identifying its lawyers but neglected to file a defence. The Plaintiff’s writ sought a declaration of title, recovery of possession, an injunction, and the demolition and removal of unauthorized structures on land. The court therefore entered interlocutory judgment for the Plaintiff, directed that evidence be heard in proof of title and other reliefs, ordered Plaintiff’s counsel to file and serve witness statements within 14 days, and adjourned the matter for Case Management Conference to 28/06/2019.
1. On 30/05/2019, the motion to sign judgment in default of defence, fixed for hearing today (11/06/2019) was duly served on the firm of lawyers, representing the defendant.
The proof of service is on the record.
The Notice of Appearance filed on 10/10/2018, contains information on the firm of lawyers that represent Defendant.
The affidavit in support showed that apart from the Notice of Appearance, the Defendant has neglected to file a defence.
The writ of summons is indorsed with a claim for Declaration of title.
Recovery of possession, injunction, an order to demolish and removal of unauthorized structures on the land among other Reliefs.
This Court enters Interlocutory Judgment in Plaintiff’s favour and against the Defendant.
Evidence shall be heard in proof of title and the other Reliefs.
2. I direct that Counsel for Plaintiff should file witness statement within 14 days and serve the defendants.
3. This case is adjourned to 28/06/2019 for C. M. C.
(SGD. ) H/L NICHOLAS M. C. ABODAKPI
JUSTICE OF THE HIGH COURT.