ALHAJI HUSEIN CHIBSA
V.
THE COMMISSIONER GENERAL AND 3 OTHERS

(2017) JELR 65495 (HC)    
High Court  ·  SUIT NO: OCC/42/15 ·  15 Oct 2017 ·  Ghana
CORAM
GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Core Terms Beta
application
default judgment
case
defendants
november
plaintiff
affidavit
case docket
cases
contradictory search reports
counsel
court
default of appearance
docket
ends of justice
facts
false information
following reasons
judgment
merit
motion
normal course
notice of a conditional appearance
notice of conditional appearance
only inference
parties
search
set aside
support

This is an application to set aside the default judgment entered against the defendants in November, 2016. I have read the application and the affidavit in support. I have also listened to both counsel for and against the application. I recognise that there are two contradictory search reports on the docket filed by both parties. It is however true that the defendants filed a notice of a conditional appearance as far back as 9th June, 2015 @2:56pm.

The only inference I can draw from these facts is that whoever answered the search conducted by the plaintiff put down false information thereby misleading the plaintiff into filing the motion for judgment in default of appearance. I do not want to believe that the notice of conditional appearance on the case docket was backdated by someone after the default judgment was entered. In any case, it is better and serves the ends of justice for a court to strive to determine cases on merit. For the following reasons, I grant the application to se…

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