GH - SIKAPRESS MONEY LENDING CO. LTD vs PANAB ELECTRICAL CO. LTD & ANO.

This ruling is in respect of a Motion on Notice for an Order to Set Aside Judgment in default of Appearance filed by the Defendants/Applicants dated 4th June, 2020 with a supporting 11paged Affidavit.

The mainstay of the application is that the Defendants allege that they did not enter appearance in the instant suit because they were not aware of the existence of this suit.

It is the case of the Defendants that the Plaintiff’s Writ of Summons and Statement of Claim was not served on them though a search report conducted at the Registry shows that the process was served on the Defendants on 27th December, 2018.

In view of that, the court differently constituted granted judgment in default of appearance in favour of the Plaintiff on 20th February, 2019 for the reliefs endorsed on the Writ of Summons and Statement of Claim. That on the said date, the 2nd Defendant states that she went to Tema Ports and Harbour to clear electrical goods which had been shipped for 1st Defendant from China. The applicants therefore prayed to cross-examine the said court bailiff.

On the other hand, the Plaintiff/Respondent in the 11paged Affidavit in Opposition dated 19th June, 2020 opposed the instant application. The Plaintiff/Respondent submitted that the instant application is an afterthought and has been filed to frustrate him since the Defendants on 20th May, 2020 filed an affidavit to oppose the application for Reserve Price without any mention of non-service of the said processes on them. That the search conducted by the parties confirmed that the Defendants had been served with the processes and that entries on the affidavit of service is proof that they were served. The Respondent therefore prayed that the instant application be dismissed.

BY COURT

Order 7 r 2 (1) and 3 of C.I.47 states that a document which is required to be served on a person shall be served personally unless the express provisions of these Rules otherwise provide or the Court otherwise directs and that personal service of a document shall be effected by leaving a duplicate or attested copy of the document with the person to be served unless hindered by the violence or threats or other acts of obstruction of that person or of any other person with or under that person.

Order 7 r 9 (1) and (3) states that an affidavit of service of a document must state by and on whom the document was served, the day of the week and the date and the hour on which it was served, where it was served and how. That,

The mainstay of the application is that the Defendants allege that they did not enter appearance in the instant suit because they were not aware of the existence of this suit.

BY COURT

SIKAPRESS MONEY LENDING CO. LTD vs PANAB ELECTRICAL CO. LTD & ANO.

Areas of Law

RULING