EASY INVESTMENT SERVICE LIMITED V. KWABENA OWUSU ABABIO & ANOR

RULING

This ruling is in respect of an application filed by counsel for the Defendant/Applicants for an order sitting aside the default judgment entered against his clients on 12/07/2017.

The basis of the application is that the motion on notice to enter judgment in default of defence was not served on counsel for the Defendants. And, further, the entry of judgment was also not served on the Defendants. Counsel submitted that the Defendants filed a defence without notice of the default judgment and that the Defendants have a good defence to the suit. Concluding, counsel submitted that there is no time limit within which to bring an application to set aside a default judgment.

Counsel for the Plaintiff in responding to the application duly exposed the falsity in the depositions that the motion for default judgment was never brought to the attention of counsel for Defendants and that entry of judgment was not served. He argued that application to set aside a default judgment must be brough…