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ALLIANCE MARINE SERVICE V. THE VESSEL M/V JAMES TOWN AND DWC EXPLORATION & PRODUCTION

(2013) JELR 64837 (CA)

Court of Appeal  •  SUIT NO.: H1/93/2011  •  6 Jun 2013  •  Ghana

Coram
OWUSU M. J.A. (PRESIDING), OFOE V. J.A., LOVELACE-JOHNSON J.A.

Judgement

MARIAMA OWUSU, J.A:

On 6-10-2009, the High Court, Tema refused to set aside the default judgment entered in favour of the plaintiff/respondent dated 7-4-2009, for leave to defend the suit and for stay of execution of the said judgment until the determination of the present application.

Dissatisfied with the ruling of the High Court, the defendants/appellants filed a Notice of Appeal dated 23-10-2009 to this court on the following grounds:

i. The learned High Court Judge erred in granting default judgment against the defendants when the 2nd defendant had not been served.

ii. The learned Judge gravely erred when he granted default judgment in a sum more than the plaintiff was entitled to.

iii. The learned High Court Judge gravely erred when he granted default judgment against the 1st defendant’s vessel when the plaintiff had served the writ on its own officers manning the 1st defendant vessel without any notice to the 2nd defendants’ owners of the vessel.

iv. The cost of GH¢90,000.00 awarded …

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