Customer Support

THE REPUBLIC
V.
THE HIGH COURT (COMM. DIV) ACCRA EX PARTE: PORT HANDLING COMPANY LIMITED

(2013) JELR 68615 (SC)

Supreme Court 30 Oct 2013 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court granted certiorari and quashed the High Court’s judgment in default of defence, holding that a trial judge exceeds jurisdiction by disregarding a statement of defence filed before hearing an application for default judgm

Case Details

Suit Number:CIVIL APPEAL NO. J5/23/2013
Judges:MRS WOOD C.J. (PRESIDING), OWUSU (MS) JSC, DOTSE JSC, YEBOAH JSC, AKAMBA JSC
Counsel:YONI KULENDI WITH HIM DANIEL SEGU OSEI AND MS. THERESA ESSON FOR THE APPLICANT; KWEKU OSEI ASARE LED BY YAW BOAHENE ASARE FOR THE RESPONDENT.

JUDGEMENT

ANIN YEBOAH, JSC

The applicant herein has invoked this courts’ supervisory jurisdiction for the prerogative writ of certiorari to quash the judgment of the High Court (Commercial Division) Accra, dated the 22/11/2010.

The judgment sought to be quashed was not a judgment on the merits and therefore the facts leading to this application are devoid of controversy. On or about the 22/02/2010, the interested party to this application issued a writ against the applicant at the High Court, Commercial Division, Accra. The writ was indorsed with a claim of Fifty – Eight Thousand United States Dollars (U$58,000.00) being unpaid fees for services rendered by the interested party to the applicant for a period. Upon service of the writ of summons and statement of claim, the applicant consulted a law firm known as BMC Legal Services to enter appearance on its behalf, which the firm did on 16/03/2010. After service of the Notice of Appearance, the interested party on 18/03/2010 filed a motion…

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.