RULING
This is a motion on notice praying this Honourable Court for an order setting aside the default judgment entered against the Defendant/Applicant and for leave to file a statement of defence. The applicant is also seeking an order to set aside the Entry of Judgment and all execution processes taken pursuant to the default judgment.
The grounds of the application are contained in the Affidavit in Support filed on the 5th of March, 2019.
The background to this application is that the Plaintiff/Applicant/Respondent (hereinafter referred to as the Respondent) issued a Writ of Summons against the Defendant/Respondent/Applicant (hereinafter referred to as the Applicant) on the 13th of July, 2018. The Respondent’s claim against the Applicant are for:
a. An order for the recovery of cash, the sum of FIVE HUNDRED THOUSAND GHANA CEDIS (GHC500, 000.00), being the amount of money invested as a fixed deposit in the Defendant’s Institution, the said investment being made on 2nd June, 2018.
b. Interest on the of FIVE HUNDRED THOUSAND GHANA CEDIS (GHC500, 000.00) as agreed per the fixed deposit agreement entered into between the Plaintiff and the Defendant till date of final payment.
c. An order for the recovery of cash, the sum of FIVE HUNDRED THOUSAND GHANA CEDIS (GHC500,000.00), being the amount of money invested as a fixed deposit in the Defendant’s Institution, the said investment being made on 11th April, 2018.
d. Interest on the of FIVE HUNDRED THOUSAND GHANA CEDIS (GHC500, 000.00) as agreed per the fixed deposit agreement entered into between the Plaintiff and the Defendant till date of final payment.
e. General damages for breach of contract.
f. Cost of litigation.
g. SUCH FURTHER ORDER(S) as this Honourable Court may deem fit.
The applicant was served with the writ of summons and statement of claim on the very day it was issued i.e. 13th July, 2018. On 19th July, 2018 the applicant herein caused its lawyers to enter appearance on its behalf. Subsequently, this Honorable Court entered default judgment in favor of the Respondent on the 2nd November, 2018. This was after the respondent herein had filed a motion on notice for an order for final judgment in default of defence against the applicant herein. On 26th October, 2018, the said motion on notice together with the affidavit in support was served on the applicant through its lawyer but it failed or refused to file an affidavit in response to the motion. When the application came up for hearing
