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GHANA HOME LOANS LTD AND 4 OTHERS
V.
LANDS COMMISSIONS AND 2 OTHERS

(2017) JELR 65483 (HC)

High Court 27 Jun 2017 Ghana
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- This case involves an application to set aside a default judgment and for an extension of time to file a defense. - The court has reviewed the application, supporting affidavit, and opposing affidavit. - The court believes that the merits

Case Details

Suit Number:SUIT NO. CM/BFS/0008/17
Judges:GEORGE K. KOOMSON JUSTICE OF THE HIGH COURT
Counsel:YAW ESHUN WITH AMELIA ADJOTEYE FOR PLAINTIFFS/RESPONDENTS ,JOHN KPODO ZIDA WITH DOUGLAS OBENG FOR 1ST DEFENDANT/APPLICANT

This is an application for an order to set aside default judgment and for extension of time within which to file a defence. I have read the application and the affidavit in support and in opposition. I have given consideration to submissions made by both counsel. I am of the considered opinion that the merits of the matter should be gone into by the court. Again, the reliefs being sought in the writ, mostly injunctive in nature, the court ought to hear the full facts so as to be certain that a perpetual injunction order will be equitable in nature. In the circumstance, I grant the application. Accordingly, the default judgment entered for the plaintiff on the 3rd April, 2017 is hereby set aside. The 1st defendant is granted leave to file a statement of defence within 8 days from the date of this order.

In the view of the court, there is the need for the status quo ante to be preserved. In this connection, it is hereby ordered that the 1st defendant be and is hereby restrained from and …

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