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October 27, 2010
HIGH COURT
GHANA
CORAM
This is a motion on notice for judgment on defendant of Defence.
Mr. Blagoge moves interms of the motion.
Refers to its supporting affidavit and its annexures.
He contends thatthe defendants entered appearance on 22/7/10 but to date have not filed a defence despiteservice of the motion.
He prays for judgment.
By Court: - Application granted as prayed.
Final judgment is hereby entered for the plaintiff as follows.
1. The payment of the sum of US$200, 000. 00 or its equivalent in Cedis.
2. Interest to be paid on the said sum at the prevailing bank rate from April 2010 to date of final payment.
For the reliefs (a), (c) and (e) I shall adjourn for assessment of damages.
Caseis adjourned to 17/11/2010 for assessment of damages before the trial court.
Cost of US$20, 000. 00 (twenty thousand US dollars) against the defendant.
C. J. HONYENUGA (JUSTICE OF APPEAL).
AI Generated Summary
Acting on a motion on notice for judgment in default of defence, Justice C. J. Honyenuga, J.A., granted the plaintiff’s application after counsel Mr. Blagoge relied on the supporting affidavit and annexures and noted that the defendants entered appearance on 22/7/10 but had not filed any defence despite service of the motion. The court entered final judgment for the plaintiff and ordered payment of US$200,000 or its equivalent in Ghanaian Cedis, together with interest at the prevailing bank rate from April 2010 until final payment. The judge adjourned assessment of damages for reliefs (a), (c), and (e), directing that assessment be conducted before the trial court on 17/11/2010. Costs of US$20,000 were awarded against the defendant. The order reflects the consequences of failing to plead after entering appearance.