BENJAMIN YAW OSEI
V.
THE CHIEF JUSTICE, THE JUDICIAL COUNCIL , THE ATTORNEY GENERAL

(2016) JELR 107514 (HC)    
High Court  ·  SUIT No. IL/0025/2016 ·  19 Apr 2016 ·  Ghana
Core Terms Beta
respondents
defence
application
default judgment
proposed statement of defence
statement of defence
25th february
3rd defendant
applicant
claim
ends of justice
opposition
party
plaintiff’s claim
2nd defendants
affidavit
allegation of fact
allegations
case
comments
court
defendant
entry of appearance
fact
favour
good defence
grounds
instant case
judgment
justice gifty dekyem
justice of the high court
merits
mrs
necessary information
notice
opposite party
point
proceedings
registry of the court
respondent
respondents’ failure
rule of law
search report
serious triable issues
time limit

RULING 

Applicant moved motion on notice, praying the court to enter judgment in default  of defence against 1st and 2nd Defendants. The grounds upon which the  application is premised are that, following entry of appearance on 25th February,  2016, Respondents have failed to file their statement of defence within time. 

Applicant contended that, Respondents’ failure to file their defence is because  they have no defence and prayed that, default judgment be entered in his favour. A search report from the registry of the court clearly indicates that, Respondents  filed Notice of Entry of Appearance on 25th February, 2016 and have since not  filed any defence. 

In opposition, 3rd Defendant, who is conducting proceedings on behalf of  Respondents, submitted that, it relies on comments from relevant institutions to  be able to file a defence. 3rd Defendant contended that, before it could assemble  the necessary information to file a defence, the time limit for filing a defence had  lapsed.…

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