LUMEN RESOURCES LIMITED vs BOND SAVINGS AND LOANS LIMITED
May 10, 2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP FRANCIS OBIRI ‘J’.
Areas of Law
- Civil Procedure
- Contract Law
May 10, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Francis Obiri of the High Court considered an application by the Plaintiff for judgment in default of defence after the Defendant, though served, entered appearance but failed to file a defence. The Plaintiff served its motion on 17 April 2024 and a supplementary affidavit on 2 May 2024 on the Defendant’s counsel, as well as a hearing notice on 3 May 2024. The Defendant and its counsel were absent, and no affidavit in opposition was filed. The application was supported by exhibit ‘B’, a document on the Defendant’s letterhead dated 22 December 2023, confirming the amount claimed. Finding the claim a liquidated demand and applying Fofie v Pomaa [1974] 2 GLR 6, the court granted final judgment, ordering payment of GHS 351,534.53 with simple interest at the commercial bank lending rate from February 2024 and costs of GHS 10,000.
The Plaintiff filed the Writ of Summons on 19th February 2024. It was served on the Defendant on 22nd February 2024. The Defendant entered appearance on 19th March 2024. It however failed to file its Defence.
On 17th April 2024, the Plaintiff filed a motion on notice for Judgment in Default of Defence.
It was served on the Defendant’s counsel on 18th April, 2024. The Plaintiff again filed supplementary affidavit on 2nd May 2024, in support of the motion for Judgment in Default of Defence.
It was also served on the Defendant’s counsel on 2nd May, 2024 at 4: 10 p. m. The hearing notice for today’s proceedings was also served on counsel for the Defendant on 3rd May 2024. There is no affidavit in opposition to the application for Judgment in Default of Defence.
The Defendant and its counsel are also absent from court.
The Plaintiff has attached a document to the motion on notice for judgment in default of defence.
It has been labelled as exhibit ‘B’. It is dated 22nd December 2023. It is on the letterhead of the Defendant.
It confirms the amount the Plaintiff is claiming in this application.
There is no indication that exhibit ‘B’ was obtained by the Plaintiff by recourse to fraud or any unlawful means.
Per the content of exhibit ‘B’, the Plaintiff claim comes under liquidated demand for which final judgment can be granted by the court in its favour against the Defendant.
See: FOFIE v POMAA [1974] 2 GLR 6 I will therefore grant the application as prayed.
I hereby order the Defendant to pay to the Plaintiff cash, the sum of GHS 351, 534. 53 I will award interest to the Plaintiff on the sum stated above at commercial bank lending rate, calculated at simple interest, from February 2024, until the date of final payment.
I will award cost of GHS 10, 000. 00 in favour of the Plaintiff against the Defendant.
I order accordingly.
FRANCIS OBIRI(JUSTICE OF THE HIGH COURT)