On the 14th August, 2007, I dismissed the application to set aside the default judgment filed by the defendants/applicants. I reserved my reasons to today which I now proceed to give.
On the 7th November, 2007 the motion for judgment in default was struck out and the case was made to take its normal course. The case then proceeded to pre-trial. At the pre-trial the defendants submitted to judgment and judgment was accordingly entered for the plaintiff on the 29th May, 2008. It is therefore not correct for defendants/applicants to state that judgment in default of defence was entered for the plaintiff. The application to set aside the said non-existing default judgment was filed in error. It was for this reason that I dismissed the application to set aside the default judgment. I award costs of GH¢1,000.00 against defendants/applicants in favour of plaintiff.