RULING
This is an application by the Plaintiff/Applicant, hereinafter referred to as “the Applicant", praying for an order setting aside/vacating the order of the court dated 16th October, 2017 as the same was made under a mistake of facts and law.
Background to the Application
The background to the application is that on 31st August, 2012 the Applicant herein issued a writ of summons against the Defendant/Respondent, hereinafter referred to as “the Respondent” seeking the following reliefs:
1. The recovery of an amount of Seventy-Four Thousand Six Hundred and Eighty Ghana Cedis (GHC74,680.00) being various amount of money collected from Plaintiff by Defendant to supply him wood for which he has failed to supply inspite of repeated demands for same.
2. Interest on the said amount of Seventy-Four Thousand Six Hundred and Eighty Ghana Cedis (GHC74,680.00) from February, 2012 to date of final payment.
On 22nd January, 2013 the said writ was served on the Respondent by substituted service. The Respondent herein did not file an appearance within eight (8) days as stipulated by the rules and upon an application by the applicant herein, judgment in default of appearance was entered in favour of the applicant on 5th March, 2013. Notice of entry of judgment was subsequently served on the respondent herein by substituted service and on 27th of June, 2013, the court granted leave to the applicant to go into execution to recover the judgment debt.
On the 2nd of September, 2013, the respondent filed a motion to set aside the default judgment.
However, on the 3rd of September, 2013 the motion was struck out for want of prosecution.
The applicant herein then caused House Number Plot 25, Sokoban, Kumasi to be attached in execution of the judgment and on the 11th November, 2013 the court granted an application for the said house to be sold at a Reserved Price of Fifty Thousand Two Hundred and Fifty Ghana Cedis (GHC 50,250.00). Thereafter, one Akwasi Bonsu filed an interpleader suit claiming to be the owner of the said House Number Plot 25, Sokoban, Kumasi. The High Court determined the interpleader suit in favour of the claimant but the Court of Appeal reversed the decision of the High Court.
On the 16th October, 2017 this court granted an application to set aside the judgment in default of appearance entered on 5th of March, 2013. It is this order of the court that has triggered the instant application.
Affidavit Evidence
In this motion on notice which is ba
