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FRANCIS XAVIER SOSU
V.
FRANCIS ALA LOMO

(2018) JELR 107252 (HC)

High Court 12 Dec 2018 Ghana
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- The defendant's counsel filed a motion to set aside a judgment entered against the defendant in default of appearance. - The counsel referred to a deposition in support of the motion. - The counsel stated that the application has not been

Case Details

Suit Number:LD/1087/2018
Judges:NICHOLAS M. C. ABODAKPI
Counsel:DELA BLAGOGEE ESQ. FOR DEFENDANT/APPLICANT PRESENT

This Court heard Counsel on his motion to set aside a judgment entered against Defendant in default of appearance . Counsel moved the Court and referred to the deposition in support.

He stated the application has not been opposed and therefore it must be granted.

BY COURT: R U L I N G

1. It is true this application has not been opposed, the application has been filed on 26/11/2018, and duly served on Plaintiff. There is proof of service to that effect. Exhibit ‘FAL’ series showed Notice of Conditional Appearance and Judicial Service Receipts on payment made when the said appearance was filed. However, the Search Report on which my default judgment is based showed that no appearance has been filed. Apparently, there has been an error, and this Court was misled by the facts put before it.

2. I accordingly set aside the default judgment. And this case shall take its normal course.

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