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ENEGE KAKUM SL v. GHANA TRADE FAIR COMPANY LTD

(2019) JELR 107236 (HC)

High Court  •  AC/515/125  •  16 May 2019  •  Ghana

Coram
GIFTY AGYEI ADDO J.

Judgement

RULING

ADDO J.

The application filed on 15th March 2019, prays for an order of the Court to set aside the default judgment entered against the Defendant/Applicant by the Court herein. The judgment sought to be set aside was in default of defence. The judgment was entered on 15th August, 2012, almost 7 years as at date.

Default judgments may be irregular or regular and the courts have given grounds in relation to these different kinds of judgments. An applicant seeking to set aside a judgment in default of defence must proceed under Order 13 Rule 8 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). Such Applicant urging irregularity in the application must address the demands of Order 81 of C.I. 47 for setting aside irregular proceedings. Such application must therefore be made within reasonable time.

The grounds for setting aside judgment in default of defence as stated in the case of BOTCHWAY V. DANIELS [1991] 2 GLR 262 are;

i. That the Applicant has a reasonable explanatio…

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