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GIANT METRO CO LTD VS MSF ENGENHARIA S.A.

2018

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE JANAPARE A. BARTELS-KODWO (MRS.)

Areas of Law

  • Civil Procedure
  • Alternative dispute resolution

AI Generated Summary

Her Ladyship Justice Janapare A. Bartels-Kodwo of the Ghana High Court considered a motion by the Defendant/Applicant to set aside a default judgment entered on 30 January 2018 and to obtain leave to enter appearance. Invoking Order 10 rule 8 of C.I. 47, the Applicant attributed its default to managers being in Portugal and a receptionist mishandling service, and asserted that no specified services were provided, disputing claims for US$520,916.00 and 98,876.00. It also pointed to an arbitration clause and Exhibit TAA1. The Respondent opposed, relying on authorities including Botchway v Daniels and Agyeman v Ghana Railway & Ports Authority. After reviewing exhibits suggesting indebtedness and earlier partial payments, the court found the default judgment regular under Order 10 rule 1(1), held the affidavit was properly authorized under Order 19 rule 4, determined the Applicant offered only bare denials without a reasonable defence or unavoidable circumstances, and dismissed the application with GH1,000 costs.

RULING