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RAPHAEL CUBAGE v. GHANA POLICE SERVICE per I.G.P. & Ors.

(2019) JELR 107369 (HC)

High Court  •  HR/0001/2018  •  15 Jul 2019  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Judgement

RULING

ABODAKPI, J.

The request to set aside Judgment in default of appearance entered on the 13th day of December, 2018 is the Relief sought in this application.

The main reason in support is that Defendants/Applicants [i.e. 1-8 and 16 and 17] have duly filed a Notice of Appearance prior to the date on which the said Judgment was entered.

EXHIBIT ‘AG1’ which is the Notice of Entry of Appearance, filed on 14th February, 2018, has been annexed as proof of the averments made. And this Court has examined same.

The affidavit in opposition deposed to by Plaintiff, showed that he had filed two motions, one on 12th December, 2018 for Interlocutory judgment against 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 16th, and 17th Defendants for failure to enter defence. And another on 15th February, 2018 for Judgment against Defendants except 14th Defendant who has filed Conditional Appearance.

He has annexed as EXHIBIT ‘RC1’ the motion ex parte for Interlocutory Judgment filed on 12th …

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