SCORE INTERNATIONAL vs BCM GHANA LIMITED

In July 2022, the Defendant Judgment Debtor (Applicant) moved the Ghana High Court to set aside a summary judgment previously entered on 25 April 2022 in favour of the Plaintiff Judgment Creditor (Respondent) for unpaid invoices on spare parts and machinery. Applicant explained that its counsel was absent due to a change of lawyers and miscommunication and that its Statement of Defence and Counterclaim raised triable issues, including allegations of email fraud whereby funds intended for Respondent were diverted to fraudsters; Applicant said it reported the incident to the Ghana Police Service, the Economic and Organized Crime Office, and authorities in Singapore. The Court, per Her Ladyship Justice Afi Agbanu Kudomor, held that under Order 14 rule 9, mere absence is insufficient; Applicant must show a good defence or reason for trial. Reviewing the pleadings and exhibits, the Court found Respondent had not been paid and Applicants hacking/fraud assertions did not defeat the money claim. Order 14 rule 12(c) did not apply because Respondents claim was not based on fraud; Applicant may pursue its fraud-based counterclaim separately. The motion was dismissed, with costs of GH25,000 to Respondent.