BOATENG V YAWUZA & ORS (C1/12/24) [2025] GHACC 36 (21 January 2025)
The applicant demonstrated a viable defence and attached a proposed statement of defence. The court exercised its discretion to set aside the default judgment, subject to costs due to unreasonable delay.
- Citation
- [2025] GHACC 36
- Parties
- Plaintiff/respondent: Kwabena Akoto Boateng; Defendant/respondent: Abdul Yawuza; Defendant/respondent: Vida Cudjoe; Defendant/respondent: Kwadwo Baffour Agyei; 4th Defendant/applicant: Percy Kwame
- Court
- Circuit Court
- Jurisdiction
- Ghana
- Judgment Date
- 21 January 2025
- Case Number
- C1/12/24
- Procedural Posture
- Civil / Application to Set Aside Interlocutory/default Judgment
- Outcome
- application granted
- Legal Topics
- Default Judgment, Setting Aside Judgment, Leave to Defend
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Kwabena Akoto Boateng
Plaintiff/respondent
Abdul Yawuza
Defendant/respondent
Vida Cudjoe
Defendant/respondent
Kwadwo Baffour Agyei
Defendant/respondent
Percy Kwame
4th Defendant/applicant
Procedural Posture
Civil / Application to Set Aside Interlocutory/default Judgment
Legal Issues
- 1 Whether the default judgment against the applicant should be set aside
- 2 Whether the applicant should be granted leave to file a statement of defence
Ratio Decidendi
The applicant demonstrated a viable defence and attached a proposed statement of defence. The court exercised its discretion to set aside the default judgment, subject to costs due to unreasonable delay.
Court Disposition
application granted
Orders
- Default judgment entered on 11th July 2024 set aside
- 4th Defendant given seven days to file statement of defence
Full Case Text
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