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
This case involves a motion for default judgment against a defendant who failed to file a defence. The court entered an interlocutory judgment in favor of the plaintiff, but ordered that evidence still be heard to prove title and other reliefs sought. The plaintiff's counsel was directed to file a witness statement within 14 days and serve it on the defendants. The case was adjourned for a Case Management Conference. The proceedings demonstrate the court's procedural handling of default situations and its approach to claims involving property rights.
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.