Asujoy Construction Ltd Vrs Shai-osudoku District Assembly [2022] GHACC 154 (10 November 2022)

The defendant, having entered appearance but failed to file any defence or process, is deemed to have no defence in law or fact, entitling the plaintiff to judgment as claimed.

Citation: [2022] GHACC 154
Parties: Plaintiff: Asujoy Construction Ltd.; Defendant: Shai-Osudoku District Assembly
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 10 November 2022
Procedural Posture: Civil / Summary Judgment
Outcome: judgment for the plaintiff
Legal Topics: Summary Judgment, Default Judgment, Debt Recovery
Source Language: English

Civil Procedure Summary Judgment Default Judgment Debt Recovery

Case Brief

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Parties

Asujoy Construction Ltd.

Plaintiff

Shai-Osudoku District Assembly

Defendant

Procedural Posture

Civil / Summary Judgment

Legal Issues

1 Whether the defendant has a defence to the plaintiff's claim for payment of sums due for works done.

Ratio Decidendi

The defendant, having entered appearance but failed to file any defence or process, is deemed to have no defence in law or fact, entitling the plaintiff to judgment as claimed.

Court Disposition

judgment for the plaintiff

Orders

Defendant to pay GH¢29,308.40 with interest at the prevailing bank rate from 28 May 2021 until final payment.
Defendant to pay GH¢52,748.58 with interest at the prevailing bank rate from 16 September 2021 until final payment.