RULING
OSEI-HWERE J.
This is a motion on notice to set aside judgment in default of appearance dated 1st December, 2016 and the subsequent order(s) made by the court on 15th December, 2016.
Background
On 7th November, 2016 the Plaintiff/Respondent filed a writ of summons and statement of claim against the Defendant/Applicant for the following reliefs:
a. A declaration that the two (2) payments made by the defendant bank on plaintiff’s account with account number 1111120011906 on 5th September, 2016 totaling ninety-one thousand Ghana cedis (GH₡91,000.00) was negligently made without notice to the plaintiff nor were his order(s), authorization, consent or instruction(s) sought prior to the said payments.
b. An order of the Honorable Court compelling the defendant bank to reimburse the plaintiff’s account standing with the defendant bank an amount of ninety-one thousand cedis (GH91,000.00) which was paid out separately by two cheques with cheque numbers 604351 and 6047350 totaling ninety-one t…