NATIONAL INVESTMENT BANK V. HACIENDA HOTELS LTD AND ANOTHER

On the 14^th August, 2007, I dismissed the application to set aside the default judgment filed by the defendants/applicants. I reserved my reasons to today which I now proceed to give.

On the 7^th November, 2007 the motion for judgment in default was struck out and the case was made to take its normal course. The case then proceeded to pre-trial. At the pre-trial the defendants submitted to judgment and judgment was accordingly entered for the plaintiff on the 29^th May, 2008. It is therefore not correct for defendants/applicants to state that judgment in default of defence was entered for the plaintiff. The application to set aside the said non-existing default judgment was filed in error. It was for this reason that I dismissed the application to set aside the default judgment. I award costs of GH¢1,000.00 against defendants/applicants in favour of plaintiff.