B5 PLUS LIMITED VRS. ERICALEM ENTERPRISE AND ANOTHER (CM/RPC/0553/2023) [2024] GHAHC 29 (25 April 2024)

B5 PLUS LIMITED VRS. ERICALEM ENTERPRISE AND ANOTHER (CM/RPC/0553/2023) [2024] GHAHC 29 (25 April 2024)

The Defendants failed to file a defence or affidavit in opposition within the required period despite notice and adjournments; therefore, the Plaintiff is entitled to judgment in default of defence for the sums claimed, with damages to be proved at a later date.

Citation
B5 PLUS LIMITED VRS. ERICALEM ENTERPRISE AND ANOTHER (CM/RPC/0553/2023) [2024] GHAHC 29 (25 April 2024)
Parties
Plaintiff/applicant: B5 Plus Limited; Defendant/respondent: Ericalem Enterprise; Defendant/respondent: Eric Kurug
Court
ghahc
Jurisdiction
Ghana
Judgment Date
25 April 2024
Procedural Posture
Civil Commercial / Application for Final and Interlocutory Judgment
Outcome
Judgment for Plaintiff in default of defence; damages to be proved at later date.
Legal Topics
Breach of Contract, Default Judgment, Damages, Interest on Judgment Debt
Source Language
eng
Commercial Law Civil Procedure Breach of Contract Default Judgment Damages Interest on Judgment Debt

Case Brief

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Parties

B5 Plus Limited

Plaintiff/applicant

Ericalem Enterprise

Defendant/respondent

Eric Kurug

Defendant/respondent

Procedural Posture

Civil Commercial / Application for Final and Interlocutory Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to final judgment for the reliefs claimed due to Defendants' failure to file a defence
  2. 2 Whether interlocutory judgment for damages should be granted pending proof

Ratio Decidendi

The Defendants failed to file a defence or affidavit in opposition within the required period despite notice and adjournments; therefore, the Plaintiff is entitled to judgment in default of defence for the sums claimed, with damages to be proved at a later date.

Court Disposition

Judgment for Plaintiff in default of defence; damages to be proved at later date.

Orders

  • Judgment entered for Plaintiff against Defendants for GHS752,310.00.
  • Interest on GHS752,310.00 at prevailing Commercial Bank rate from 28th November, 2022 to date of judgment.