Atakli And Another Vrs Adjavon And Another (E1/47/2021) [2024] GHAHC 251 (6 February 2024)

The Entry of Judgment filed by Defendants/Respondents is invalid as no definitive pronouncement was made on their counterclaim, and thus it must be set aside.

Citation: Atakli And Another Vrs Adjavon And Another (E1/47/2021) [2024] GHAHC 251 (6 February 2024)
Parties: Plaintiff: Agbonugla Kofi Atakli; Plaintiff: Togbe Ahortorvi III; Defendant: Patrick Adjavon; Defendant: Dovi Kpotavi
Court: ghahc
Jurisdiction: Ghana
Judgment Date: 6 February 2024
Procedural Posture: Civil / Ruling on Application to Set Aside Entry of Judgment
Outcome: application granted
Legal Topics: Entry of Judgment, Abuse of Process, Counterclaim
Source Language: eng

Civil Procedure Entry of Judgment Abuse of Process Counterclaim

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Parties

Agbonugla Kofi Atakli

Plaintiff

Togbe Ahortorvi III

Plaintiff

Patrick Adjavon

Defendant

Dovi Kpotavi

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Entry of Judgment

Legal Issues

1 Whether Entry of Judgment filed by Defendants/Respondents is valid given the prior Supreme Court judgment and the absence of definitive pronouncement on the counterclaim.

Ratio Decidendi

The Entry of Judgment filed by Defendants/Respondents is invalid as no definitive pronouncement was made on their counterclaim, and thus it must be set aside.

Court Disposition

application granted

Orders

Entry of Judgment set aside
costs of GH₡1,500.00 awarded to Plaintiffs/Applicants