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HAMZA MOHAMMED
V.
BISMARK K DARKWA

(2017) JELR 108372 (HC)

High Court 26 Jan 2017 Ghana
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- The plaintiff filed a motion for interlocutory judgment against the defendant in default of defense. - The plaintiff's affidavit stated that the defendant was served with the writ of summons and statement of claim, but failed to comply wi

Case Details

Suit Number:SUIT N0.LD/0827/2016
Judges:ELIZABETH ANKUMAH, J
Counsel:COUNSEL FOR PLAINTIFF/APPLICANT: ALEX QUARTEY ESQUIRE COUNSEL FOR DEFENDANT/RESPONDENT: JOHN OPOKU ESQUIRE

RULING 

This is motion on notice filed by the Plaintiff herein praying for an order  for interlocutory judgment to be entered against the defendant herein in  default of defence. The plaintiff’s application is premised on eleven (11) paragraphed affidavit in support deposed to by one Bashiru Mahama the  applicant’s lawful Attorney. The salient paragraphs are as follows: 

“2. That on the 3rd day of June, 2016, I caused my solicitors to file Writ  of Summons and Statement of Claim claiming inter alia a declaration of  title to land situate and being at Mile 11 Winneba Road Accra containing  an approximate area of 0.16 acre 

3. That the defendant was duly served with the said writ of Summons  and Statement of Claim. 

4. That on 19th of July, 2016 the defendant caused his Solicitors to enter  Conditional Appearance on his behalf. 

5. That I have been advised by my Counsel and believes same to be  true that per the rules of the court after filing the said Conditional  Appearance Respondent ha…

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