Bruce Kassim Vrs Kofi Tawiah Larweh [2023] GHACC 540 (16 January 2023)

Bruce Kassim Vrs Kofi Tawiah Larweh [2023] GHACC 540 (16 January 2023)

The court found the default judgment was regularly obtained, the reliefs granted matched the claim, and the applicant failed to demonstrate a valid defence or error in the interest calculation. The application to set aside the judgment was dismissed.

Citation
[2023] GHACC 540
Parties
Plaintiff/respondent: Bruce Kassim; Defendant/applicant: Kofi Tawiah Larweh
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
16 January 2023
Procedural Posture
Civil / Ruling on Motion to Set Aside Default Judgment
Outcome
Application dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Liquidated Claims, Interest Calculation
Source Language
English
Civil Procedure Default Judgment Setting Aside Judgment Liquidated Claims Interest Calculation

Case Brief

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Parties

Bruce Kassim

Plaintiff/respondent

Kofi Tawiah Larweh

Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside for failure to file defence
  2. 2 Whether the interest awarded exceeded the claim
  3. 3 Whether the applicant demonstrated a valid defence or counterclaim

Ratio Decidendi

The court found the default judgment was regularly obtained, the reliefs granted matched the claim, and the applicant failed to demonstrate a valid defence or error in the interest calculation. The application to set aside the judgment was dismissed.

Court Disposition

Application dismissed

Orders

  • Application to set aside default judgment is dismissed
  • Cost of GH¢3,000.00 awarded against the applicant