SUSANA DOKUYOO KOMMIETEH V. SOWAH OKAI

This Court heard Counsel for Plaintiff on his motion to sign interlocutory judgment in default of defence. He stated the motion was filed on 12/07/2018.

BY COURT: INTERLOCUTORY JUDGMENT

1. I have perused the motion paper and the deposition in support. The Plaintiff is seeking to sign judgment in default of defence. A Search Report EXHIBIT ‘A1’ filed on 21/06/2018, showed that Defendants have neglected to file a defence.

On 26/04/2018, the Defendants filed a Notice of Conditional Appearance. There is an affidavit of service that showed that the writ has been duly served.

It is my view that on or before 15/05/2018, the Defendants should have filed a defence, not having moved the Court to set the writ aside, Their Conditional Appearance has become Appearance – simpliciter.

Even in June, 2018, no defence has been filed as shown by the search report. And on 12/07/2018, when the motion under consideration was filed, the Defendants have neglected to file a defence. They and their …