GH - SUSANA DOKUYOO KOMMIETEH VS SOWAH OKAI & 3 ORS

This Court heard Counsel for Plaintiff on his motion to sign interlocutory judgment

in default of defence. He stated the motion was filed on 12/07/2018.

BY COURT: INTERLOCUTORY JUDGMENT

1. I have perused the motion paper and the deposition in support. The Plaintiff is

seeking to sign judgment in default of defence. A Search Report EXHIBIT

‘A1’ filed on 21/06/2018, showed that Defendants have neglected to file a

defence.

On 26/04/2018, the Defendants filed a Notice of Conditional Appearance.

There is an affidavit of service that showed that the writ has been duly

served.

It is my view that on or before 15/05/2018, the Defendants should have filed a

defence, not having moved the Court to set the writ aside, Their Conditional

Appearance has become Appearance – simpliciter.

Even in June, 2018, no defence has been filed as shown by the search report.

And on 12/07/2018, when the motion under consideration was filed, the

Defendants have neglected to file a defence. They and their lawyer have failed

to come to Court to have a defence they purport to file more than 90 days or

so after filing Appearance regularised. And in their absence this is not a proper

case in which this Court will invoke its discretionary jurisdiction to regularise

an irregularity, when that has not been solicited. The rules of Court are meant

to be taken seriously and I will decline to dispense unsolicited favours instead

of applying the rules of Court.

I have examined the motion and the reliefs sought which are declaratory, and

require evidence to be led in support. I therefore enter interlocutory judgment

in Plaintiff’s favour on all the reliefs.

2. Evidence shall be heard in proof of them. I order Plaintiff to file witness

statements within 14 days.

3. Hearing Notice shall be served on Defendants and Counsel.

4. Case is adjourned to 13/2/2019 for case management conference.

(SGD.) H/L NICHOLAS M. C. ABODAKPI

JUSTICE OF THE HIGH COURT