This is an application by the Plaintiff/Applicant, hereinafter referred to as “the Applicant", praying for an order setting aside/vacating the order of the court dated 16th October, 2017 as the same was made under a mistake of facts and law.
Background to the Application
The background to the application is that on 31st August, 2012 the Applicant herein issued a writ of summons against the Defendant/Respondent, hereinafter referred to as “the Respondent” seeking the following reliefs:
1. The recovery of an amount of Seventy-Four Thousand Six Hundred and Eighty Ghana Cedis (GHC74,680.00) being various amount of money collected from Plaintiff by Defendant to supply him wood for which he has failed to supply inspite of repeated demands for same.
2. Interest on the said amount of Seventy-Four Thousand Six Hundred and Eighty Ghana Cedis (GHC74,680.00) from February, 2012 to date of final payment.
On 22nd January, 2013 the said writ was served on the Respondent by substituted service. The Respon…