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AGNES BOATENG V. ANGEL ESTATE CONSTRUCTION LTD

(2016) JELR 64230 (HC)

High Court  •  SUIT NO. OCC 08/207  •  28 Nov 2016  •  Ghana

Coram
DR. RICHMOND OSEI-HWERE JUSTICE OF THE HIGH COURT

Appearances
BOAKYE DANQUAH FOR DEFENDANT/ APPLICANT,AMA ASSENSO FOR PLAINTIFF/ RESPONDENT.

Judgement

DR. RICHMOND OSEI-HWERE J.

This is a Motion on Notice praying this Honourable Court for an order setting aside the default judgment entered against the Applicant therein on the 23rd of September, 2016 and for leave to enter late appearance.

The Plaintiff/Respondent herein issued a Writ of Summons against the Defendant/Applicant on the 25th of August, 2016 and effected service on the Defendant on the same day. Subsequently, this Honourable Court entered default judgment in favour of the Plaintiff/Respondent on the 23rd of September,2016 after the Defendant/Applicant had failed to enter an appearance.

Naturally aggrieved by the said default judgment, the Applicant has filed the instant application and the grounds of the application are contained in the Affidavit in Support filed on the 28th of October, 2016. The gravamen of the applicant’s motion per the Affidavit is that it was not open for her to file an appearance as the Writ of Summons was filed during the vacation. And that the defaul…

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