ZENITH BANK
V.
AYUM FOREST PRODUCTS LTD AND 7 OTHERS

(2016) JELR 63609 (HC)    
High Court  ·  SUIT NO. BFS 68/2016 ·  28 Oct 2016 ·  Ghana
CORAM
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT
Core Terms Beta
applicants
judgment
default of appearance
counsel
respondent
plaintiff
defendants
reasonable defence
case
civil procedure
demand notice
honourable court
late appearance
loan agreement
response
supreme court
affidavit evidence
alphoneso o. aryeetey
applicants’ records
behalf of the applicants
civil appeal no. h1
co. ltd v mcvroom
court’s record
default judgment
door of justice
exhibit a
exhibit exhibit
final judgment
final payment
gravamen of the applicants
guiding principle
high court
part of the facts applicants
piece of evidence
plaintiff judgment
plaintiff’s assertion
proposed statement of defence
recovery of the sum of ghc
respondent’s counsel
said sum
set aside
statement of claim
submissions of counsel
submissions of these facts
substantial defence
supreme court’s decision
time of the institution of the consolidated suits

RULING

This is a motion on notice praying this Honourable Court for an order setting aside the judgment in default of appearance entered against the Applicants herein and for leave to enter late appearance.

The Plaintiff/ Respondent herein commenced this action on the 25th February, 2016 by way of Writ of Summons accompanied by Statement of Claim against the Applicants/Defendants (1st, 3rd and 4th Defendants) herein and five (5) other Defendants.

The Plaintiff claimed against the Defendants as follows:

a) Recovery of the sum of GHC 482, 164.90 as at 22nd January 2016.

b) Interest at the agreed rate on the said sum from 23rd January, 2016 up to the date of full and final payment.

c) Cost including Lawyer’s fee.

The processes were duly served on the applicants herein, who by the court’s record failed to enter appearance as required by Order 9 r 1 of the High Court (Civil Procedure) Rules, 2004 (CI 47).

Consequently, the Plaintiff moved for final judgment against the 1st, 3rd and 4th Defendants/…

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