This is a motion on notice praying this Honourable Court for an order setting aside the judgment in default of appearance entered against the Applicants herein and for leave to enter late appearance.
The Plaintiff/Respondent herein commenced this action on the 25th February, 2016 by way of Writ of Summons accompanied by Statement of Claim against the Applicants/Defendants (1st, 3rd and 4th Defendants) herein and five (5) other Defendants.
The Plaintiff claimed against the Defendants as follows:
a) Recovery of the sum of GHC 482, 164.90 as at 22nd January 2016.
b) Interest at the agreed rate on the said sum from 23rd January, 2016 up to the date of full and final payment.
c) Cost including Lawyer’s fee.
The processes were duly served on the applicants herein, who by the court’s record failed to enter appearance as required by Order 9 r 1 of the High Court (Civil Procedure) Rules, 2004 (CI 47).
Consequently, the Plaintiff moved for final judgment against the 1st, 3rd and 4th…