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SAMUEL NYAMEKYE
V.
THOMAS TWUM

(2018) JELR 69721 (HC)

High Court 31 Jan 2018 Ghana
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- The case involves an application to set aside a judgment in default of defence entered on 5th July, 2016. The Plaintiff had commenced action against the Defendant for recovery of a sum of money or alternatively, a judicial sale of a prope

Case Details

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

RULING

OSEI-HWERE J.

This is an application to set aside judgment in default of defence entered on 5th of July, 2016. The background facts giving rise to this application are as follows:

By writ of summons issued on 27th April, 2015 the Plaintiff commenced action against the Defendant/Applicant herein for the following reliefs:

a. Recovery of the sum of Five Hundred and twenty Five Thousand Nine Hundred and Sixty Cedis Fifteen Ghana pesewas( GH 525,960.15)

b. Interest on the said sum from May, 2014 till date of final payment

Or

c. In the alternative a judicial sale of House Numbered Plot 60B Block D located at Fawoade Mamponteng in the Ashanti Region belonging to the Defendant.

After unsuccessful attempts at serving the Defendant personally with the writ of summons and statement of claim, the Plaintiff filed an application for an order for substituted service and same was granted on 18th May, 2015.

On the 10th of June, 2015 the Defendant/Applicant caused his lawyer to enter conditional appeara…

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