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SAMUEL NYAMEKYE
V.
THOMAS TWUM

(2017) JELR 69725 (HC)

High Court 31 May 2017 Ghana
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- Application to set aside default judgment was struck out as incompetent because counsel for the Defendant/Applicant, having previously withdrawn representation, failed to file a notice of re-appointment as required under Order 75 of CI 47

Case Details

Suit Number:SUIT NO.OCC 183/2015
Judges:DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Counsel:HUMPHREY OMABOE FOR THE PLAINTIFF ,KOJO DEI KWARTENG FOR DEFENDANT

RULING

OSEI-HWERE J.

This is an application to set aside judgment in default of defence granted on 5th of July, 2016.

The grounds of the application are contained in the affidavit in support and supplementary affidavit in support of the motion filed on 2/02/2017 and 27/03/2017 respectively.

The Respondents are opposed to the application and have demonstrated the grounds in the affidavit in opposition and supplementary affidavit in opposition to the motion filed on 15/02/2017 and 10/04/2017 respectively.

Both parties also filed their statements of case on 28/04/2017 and 21/04/2017 respectively.

As part of his submissions to the court, Counsel for the Plaintiff/Respondent has raised a preliminary legal objection which borders on the competence of this application. He submitted that counsel for the Defendant/Applicant, Kwadwo Dei-Kwarteng Esq has no locus to bring the instant application having voluntarily withdrawn his representation for the Defendant as far back as 29th February, 2016. He su…

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