Nana Amaning Nyanteh v. Man Capital Partners Limited and Michael Asare
October 17, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP GEORGE K. KOOMSON ‘J’
Areas of Law
- Civil Procedure
- Commercial Law
October 17, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
In the Accra High Court Commercial Division, Justice George K. Koomson considered the 2nd Defendant/Applicant’s motion to set aside a default judgment earlier entered by Justice Samuel K. A. Asiedu during the legal vacation. The Respondent had sued the 1st Defendant, a limited liability company, and others for GH¢4,289,074.45 plus interest, alleging repayment failure on funds invested. The Applicant entered appearance and moved to dismiss, but that motion was struck out for want of prosecution with GH¢1,500 costs before relisting; he did not file a defence thereafter. The Applicant claimed he was improperly joined and could not raise funds due to multiple suits, but the court found he had notice of the default-judgment motion, failed to oppose it, and was consistently absent. Applying Order 13 rule 1 of C.I. 47 and related authorities, the court held the claim was a liquidated demand, the default judgment was final, and refused to exercise discretion to set it aside. The application was dismissed.
This application is to set aside a ruling of the High Court, Accra, Commercial Division presided over by Justice Samuel K. A. Asiedu, J. , siting as a vacation High Court Judge on 16th August, 2018, which Ruling granted the motion for Judgment in Default of Defence entered for the Plaintiff against the 1st and 2nd Defendants.
A brief background of the case is that, on the 17th Day of April, 2018, the Respondent issued a Writ of Summons and a Statement of Claim against the 1st Defendant (a limited liability company) and the Applicant herein and others claiming essentially that, he invested certain sums of money in the 1st Defendant Company for which the 1st Defendant Company has failed to repay him, and sought for the following reliefs: a. An amount of Four Million Two Hundred and Eighty Nine Thousand Seventy Four Ghana Cedis, Forty Five Pesewas (GH¢4, 289, 074. 45)b. Interest on the said amount from the maturity date of 31st January, 2018 to the final date of payment.
c. Any other order or orders the Court deem fit.
The 2nd Defendant/Applicant entered appearance through his solicitors and subsequently filed a motion to dismiss the suit against the Applicant.
But the said application was struck out for want of prosecution and the Applicant was ordered to pay costs of GH¢1, 500. 00 before he could relist the said motion to dismiss the suit against the Applicant.
The Applicant therefore failed to file a defence within the period allowed by the rules of the Court for a defence to be filed.
The application was granted and judgment in default of defence was entered against the Defendant by my brother His Lordship Samuel K. A. Asiedu, J. sitting as a vacation High Court Judge (during the legal vacation) on 16th August, 2018. The Applicant got wind of the said judgment and applied to set same aside as in his view, he is not a proper party to be joined to the suit as the 1st Defendant is a corporate entity.
It is to be noted that the essence of the present application is for an order to set aside the default judgment obtained by the Plaintiff/Respondent against the Applicant and to allow the Applicant, either to relist his application to strike out his name as a party to the suit or defend the suit.
The reason given by the Applicant for his failure to meet the condition imposed by the Court in order for his motion to be relisted was that he was engulfed with summons of suit in various Courts and couldn’t therefore raise money in time to satisfy the conditio