FREDERICK KOFI ASARE VS LANDS COMMISSION
November 6, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE NICHOLAS M. C. ABODAKPI (J)
Areas of Law
- Civil Procedure
- Evidence Law
November 6, 2019
HIGH COURT
GHANA
CORAM
Try asking the following...
1. This action, the Defendant has been served with the Writ and has filed a Notice of Appearance on 12th January, 2018. The present motion to sign Judgment in default of defence was filed on 19th September, 2019, and served on Defendant on 20 the September, 2019. And Hearing Notice has also been served on Defendant on 4th November, 2019 for the motion to be heard today.
The proof of service of these processes ae on the record.
I have perused the motion paper and the deposition in support as well as the indorsement on the writ.
The Defendant is clearly in breach of the rules of Court by neglecting to file a defence several months after having filed a Notice of Appearance.
Given the nature of the reliefs indorsed, I enter Interlocutory Judgment in favour of the Plaintiff and against Defendant, on all the reliefs.
2. In that regard, I direct Plaintiff’s counsel to file Witness Statements within 14 days.
3. The Witness Statement shall be served on the Defendant.
4. Hearing Notice shall also be served on Defendant.
5. This case is adjourned to 17th January, 2020 for Case Management Conference.
SGD)H/L NICHOLAS M. C. ABODAKPIJUSTICE OF THE HIGH COURT.
AI Generated Summary
Sitting as a judge of the High Court, Justice Nicholas M. C. Abodakpi considered an application to sign judgment in default of defence after the defendant, though served with a writ and having entered a Notice of Appearance on 12 January 2018, failed for months to file a defence. The plaintiff’s motion for default judgment was filed on 19 September 2019, served on the defendant on 20 September 2019, and a hearing notice was served on 4 November 2019. The court verified proof of service on the record, reviewed the motion papers, supporting deposition, and the endorsement on the writ, and determined that the defendant was in breach of the rules of court. Given the reliefs endorsed on the writ, the court entered interlocutory judgment for the plaintiff on all reliefs and directed the filing and service of witness statements, with the matter adjourned to 17 January 2020 for case management.