PATIENCE ATTA-AFRAM V. ABLEKUMA WEST MUNICIPAL ASSEMBLY

RULING

TUTU, J.

The applicant is seeking to strike out the Plaintiff’s Writ of Summons and  Statement of Claim. The Plaintiff was served with a copy of the application  on 11th April, 2019 with the application but has still not filed any affidavit in opposition. Ideally, the application should have been granted in the absence  of any affidavit in opposition to the application. But it needs stressing here  that an applicant is not automatically entitled to his grant where his application  is not opposed. 

In Republic v. Court of Appeal, Accra, Ex-parte Tastsu Tsikata (2005- 06) SCGLR Wood JSC (As she then was) held at page 626 as follows; “An  opponent who has not filed any affidavit in opposition to the applicant’s  affidavit was deemed to have admitted the facts contained therein, but the  default did not debar the applicant from arguing the matter on points of law  and is even not entitled to automatic grant of the prayer. 

In Assuming and 2Ors v. Charway and 14 others (2014) 75 GMJ 1…