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RULING
RULING
i. Introduction
[1] There are two (2) applications before this court namely: a) Application for Judgment in Default of Defence and; b) Application for the Preservation of Funds/Mareva Injunction filed on 20th December, 2018 and 19th October, 2018 respectively. Due to time and space constraints, and also for convenience, I discuss and determine both applications in this Ruling. Foremost, I deal with the application for Judgment in Default of Defence since that was first to be argued by Counsel at the Court’s direction.
[2] By a motion on notice filed by A.K. Osei-Owusu Esq. Counsel for the Plaintiff/Applicant, the Applicant is praying this Court to enter final judgment in default of Defence against the 1st and 2nd Defendant on the grounds as contained in the accompanying affidavit.
ii. The Applicant’s case
[3] The thrust of the Plaintiff/Applicant’s case as set out in the affidavit accompanying the motion is that the Plaintiff commenced an action on 19th October 2018 against the Defendants jointly and severally. The reliefs endorsed on the Writ of Summons are as follows:
“a) An order to recover from the Defendants an amount of GH¢1,480.000 (One Million Four Hundred and Eighty Ghana Cedis) which Defendants owe to the Plaintiff.
b) An order compelling the Defendants to indemnify Plaintiff of its further losses by paying agreed commercial interest of 35% per annum accruing on the amount from the due date to date of final payment.
c) An order to the Defendants to pay damages to Plaintiff for breach of contract.
d) Cost on full indemnity basis to the Plaintiff.
e) Further (other) orders as the Court may deem fit.”
[4] From the Court’s record the Defendants were served with the Writ of Summons on November 9, 2018. An Entry of Appearance was entered on behalf of the Defendants by Victor Kwesi Opeku, Esquire of F-X Law & Associates located at Nii Noi Kwame Street, Dzorwulu, Near Peter Pan Restaurant, Accra on the same day of service, being November 9, 2018. From the record no Statement of Defence was filed for the Defendants hence the instant application.
[5] The Plaintiff/Applicant’s grounds for the application is that the time allowed by law for the filing of a Defence to the action has long elapsed and that if the Defendants have any defence to the suit they would have filed same by now. In the Circumstance the Applicant prayed that final judgment be entered against the Defendants for the reliefs endorsed on the writ of summons.
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