Ghana Judgment

District Court

Awuah v Mamle (EAS/BG/DC/A2/27/2025) [2025] GHADC 147 (3 September 2025)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The defendant, having been duly served and failing to attend court without lawful excuse, is liable for the liquidated sum claimed by the plaintiff.

Court disposition

Judgment for the plaintiff by default

Orders

  • Defendant to pay GH¢ 3,500.00 to plaintiff
  • Defendant to pay costs of GH¢ 500.00 to plaintiff

02

Material facts

Parties

Daniel Awuah

Plaintiff

Madam Mamle

Defendant

Amounts and remedies

  • Principal Sum Awarded: GHS 3,500
  • Costs Awarded: GHS 500

03

Procedural history

  1. Posture

    Civil / Default Judgment

04

Questions and positions

Legal issues

Whether the defendant's failure to attend court after due service entitles the plaintiff to default judgment for a liquidated sum.

Party arguments

Applicant
The defendant has refused to attend court and has not paid the money owed despite being given time by the police.
Respondent
No argument presented; defendant absent.

05

Court’s reasoning

  1. 01

    Civil Procedure Rules

    A court may enter default judgment for a liquidated sum where the defendant, duly served, fails to attend without lawful excuse.

06

Ratio, limits and disposition

Ratio decidendi

The defendant, having been duly served and failing to attend court without lawful excuse, is liable for the liquidated sum claimed by the plaintiff.

Court disposition

Judgment for the plaintiff by default

  • Defendant to pay GH¢ 3,500.00 to plaintiff
  • Defendant to pay costs of GH¢ 500.00 to plaintiff

Source and reliance status

District Court

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Judgment text

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Source document

District Court

Judgment

[2025] GHADC 147

IN THE DISTRICT MAGISTRATE COURT HELD AT BEGORO ON WEDNESDAY 3RD SEPTEMBER, 2025 BEFORE H/W FLORENCE A. BAAH (DISTRICT MAGISTRATE) SUIT NUMBER: EAS/BG/DC/A2/27/2025 TIME: 1:05 PM

DANIEL AWUAH

VRS

MADAM MAMLE Plaintiff: Present Defendant: Absent

PLAINTIFF TAhe defendant lives in my neighbourhood and says she will not come to court today or tomorrow even though Police gave her time to pay my money.

BY COURT The records show that defendant has been duly served with the Writ of summons to attend court but she has failed to attend court without any lawful excuse. Since it is a liquidated sum, I will proceed to enter default judgment for the plaintiff against the defendant in the sum of GH¢ 3,500.00. I award cost of GH¢ 500.00 for the plaintiff against the defendant. Case is dismissed as completed. H/W FLORENCE A. BAAH 3/09/2025

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