REPUBLIC VRS THE ATTORNEY-GENERAL & MINISTER FOR JUSTICE (HR/0110/2023) [2023] GHAHC 506 (8 December 2023)
The Respondents' failure to respond to the notice to admit facts within the statutory period is conclusive admission of the facts and sums claimed by the Applicant, entitling the Applicant to judgment for the principal sum, legal fees, interest, and costs.
Source-derived case information.
- Citation
- [2023] GHAHC 506
- Parties
- Applicant: Afia African Village Ltd.; Respondent: The Attorney-General & Minister for Justice
- Court
- High Court
- Jurisdiction
- Ghana
- Case Number
- HR/0110/2023
- Procedural Posture
- Human Rights Application (ex Parte Motion) / Judgment
- Outcome
- Judgment for Applicant
- Legal Topics
- Notice to Admit Facts, Judgment in Default of Defence, Legal Fees, Interest on Judgment Debt, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Afia African Village Ltd.
Applicant
The Attorney-General & Minister for Justice
Respondent
Procedural Posture
Human Rights Application (ex Parte Motion) / Judgment
Legal Issues
- 1 Whether failure to respond to notice to admit facts constitutes admission under Order 23 Rule 2(1) and 3(2) of C.I. 47/2004
- 2 Whether the Applicant is entitled to the claimed sums, legal fees, interest, and costs
Ratio Decidendi
The Respondents' failure to respond to the notice to admit facts within the statutory period is conclusive admission of the facts and sums claimed by the Applicant, entitling the Applicant to judgment for the principal sum, legal fees, interest, and costs.
Court Disposition
Judgment for Applicant
Orders
- Judgment for Applicant for GH¢2,116,679.78 (principal sum)
- Judgment for Applicant for GH¢2,261,119.85 (legal fees at 5% of principal)
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPERIOR COURT OF JUDICATURE, IN THE HIGH COURT OF JUSTICE, HUMAN RIGHTS DIVISION, COURT 2, ACCRA, HELD ON WEDNESDAY THE 8TH DAY OF DECEMBER, 2023, BEFORE HIS LORDSHIP JUSTICE NICHOLAS M. C. ABODAKPI (J.) =============================== CASE CALLED AT 9:18 A. M. SUIT NO. HR/0110/2023 THE REPUBLIC VS THE ATTORNEY-GENERAL & MINISTER FOR JUSTICE EX-PARTE: AFIA AFRICAN VILLAGE LTD. ====================================== PARTIES: APPLICANT – REPRESENTED BY DIANA ELLEN RESPONDENTS – ABSENT COUNSEL: 1. SIMON OKYERE WITH PATRICIA POMAA OFORI FOR APPLICANT – PRESENT ======================================= BY COURT: JUDGMENT 1. This Court has perused the motion paper and the deposition which is uncontested. The record showed that fourteen days after notice to admit facts was served on Respondents, they have failed to respond to the questions or issues raised. In terms of Order 23 Rule 2(1) and 3(2) of C. I. 47/2004, this is a proper case in which it can be presumed conclusively that the Respondents have admitted the truth of the matters raised. 2. This Court therefore enters judgment in favour of Applicant for the sum of GH¢2,116,679.78, the remainder of the principal sum that has not been paid. 3. In addition, this Court enters judgment in favour of the Applicant for the sum of GH¢2,261,119.85, which is 5% of the principal sum which is the legal fees which has also been admitted. 4. Interest is exigible on the sums on reducing balance basis from the time these sums became due till the time of final payment. The rate of interest is the commercial rate prevailing on the market. 5. Cost of GH¢50,000.00 is also awarded in favour of the Applicant and against the Respondents. (SGD) H/L NICHOLAS M. C. ABODAKPI JUSTICE OF THE HIGH COURT