Rev. Sefa and Others Vrs Bank Of Ghana [2015] GHASC 109 (19 November 2015)

Rev. Sefa and Others Vrs Bank Of Ghana [2015] GHASC 109 (19 November 2015)

The trial court erred in granting default judgment for the liquidated sum before determining the declaratory reliefs, as the monetary claim was dependent on those declarations. The appellant's prompt application and existence of a reasonable defence warranted leave to enter appearance out of time. The Court of Appeal's refusal was improper and is set aside.

Citation
[2015] GHASC 109
Parties
Plaintiffs/respondents/respondents: Rev. Rocher De-Graft Sefa & Others; Defendant/appellant/appellant: Bank of Ghana
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 November 2015
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Default Judgment, Leave to Enter Appearance Out of Time, Declaratory Reliefs, Banking License, Fraud, Procedural Irregularity
Source Language
English
Civil Procedure Banking Law Constitutional Law Default Judgment Leave to Enter Appearance Out of Time Declaratory Reliefs Banking License Fraud +1 more

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Parties

Rev. Rocher De-Graft Sefa & Others

Plaintiffs/respondents/respondents

Bank of Ghana

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Court of Appeal erred in refusing leave to the appellant to enter appearance out of time
  2. 2 Whether the trial court erred in granting default judgment for a liquidated sum before determining declaratory reliefs
  3. 3 Whether the procedure adopted for granting declaratory reliefs in default was proper

Ratio Decidendi

The trial court erred in granting default judgment for the liquidated sum before determining the declaratory reliefs, as the monetary claim was dependent on those declarations. The appellant's prompt application and existence of a reasonable defence warranted leave to enter appearance out of time. The Court of Appeal's refusal was improper and is set aside.

Court Disposition

appeal allowed

Orders

  • Judgment of the Court of Appeal set aside
  • Appellant granted leave to enter appearance out of time