Customer Support

RAPHAEL CUBAGE
V.
GHANA POLICE SERVICE PER I.G.P. & ORS.

(2019) JELR 107369 (HC)

High Court 15 Jul 2019 Ghana
BriefBot icon

BriefBot Summary

Free

- The defendants have filed a request to set aside a judgment in default of appearance. - They claim that they had filed a Notice of Appearance before the judgment was entered. - The plaintiff had filed two motions, one for interlocutory ju

Case Details

Suit Number:HR/0001/2018
Judges:NICHOLAS M. C. ABODAKPI
Counsel:JULIANA ADO-YOBO FOR THE 1ST 2ND, 3RD, 4TH 5TH 6TH 7TH 15th & 16TH DEFEDNDANTS PRESENT NO LEGAL REPRESENTATION FOR PLAINTIFF

RULING

ABODAKPI, J.

The request to set aside Judgment in default of appearance entered on the 13th day of December, 2018 is the Relief sought in this application.

The main reason in support is that Defendants/Applicants [i.e. 1-8 and 16 and 17] have duly filed a Notice of Appearance prior to the date on which the said Judgment was entered.

EXHIBIT ‘AG1’ which is the Notice of Entry of Appearance, filed on 14th February, 2018, has been annexed as proof of the averments made. And this Court has examined same.

The affidavit in opposition deposed to by Plaintiff, showed that he had filed two motions, one on 12th December, 2018 for Interlocutory judgment against 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 16th, and 17th Defendants for failure to enter defence. And another on 15th February, 2018 for Judgment against Defendants except 14th Defendant who has filed Conditional Appearance.

He has annexed as EXHIBIT ‘RC1’ the motion ex parte for Interlocutory Judgment filed on 12th …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.