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ALPHA LOTTO LTD, MR. BAWUAH, AND MARK FOSU VS. YAW ASARE

(2021) JELR 109871 (CA)

Court of Appeal  •  H1/05/2021  •  27 Jan 2021  •  Ghana

Coram
A. M. DOMAKYAAREH (MRS) J. A. PRESIDING, A. B. POKU-ACHEAMPONG J. A., E. BAAH J. A.

Judgement

POKU-ACHEAMPONG, J.A.:

This is an appeal by the 1 Defendant/Appellant (hereafter called the “Appellant”) against the summary judgment of a Kumasi High Court dated the 18 day of May 2020.

 Background:

The Plaintiff/Respondent (hereafter referred to as the Respondent) issued a Writ of Summons against the Appellant and two other Defendants on 12 December, 2019 and amended same on 19 December, 2019 claiming jointly and severally the following reliefs:  

a.      Recovery of an amount of GhC54,600.00

b.      Interest on the said amount from 12 October, 2019 at the prevailing bench (sic) rate.

c.       Any further order(s) that the court may deem fit.

On 12 February 2020 the Appellant entered appearance to the action but failed thereafter to file a defence to the suit. The Respondent then brought an application for judgment against the 1 and 3 Defendants in default of defence on 13/3/2020.

The 1 Defendant/Appellant upon service of the said application, filed its Statement of Defence on 20/3/2020.

The…

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