Bank Of Africa (ghana Ltd) Vrs 2k Farms Ltd and Others [2018] GHASC 55 (23 May 2018)

Bank Of Africa (ghana Ltd) Vrs 2k Farms Ltd and Others [2018] GHASC 55 (23 May 2018)

The Supreme Court held that the High Court's refusal to set aside the default judgment was a final judgment, the appeal was filed within time, and the trial judge exercised discretion judiciously. There was no merit in the appeal, and the reliefs sought were refused.

Citation
[2018] GHASC 55
Parties
Plaintiff/respondent/respondent: Bank of Africa (Ghana) Ltd; Defendant/appellant/appellant: 2K Farms Ltd; Defendant/appellant/appellant: Emmanuel Carr; Defendant/appellant/appellant: Love Carr
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
23 May 2018
Procedural Posture
Civil Appeal / Judgment on Appeal to Supreme Court
Outcome
appeal dismissed
Legal Topics
Default Judgment, Setting Aside Judgment, Final Vs Interlocutory Orders, Act of God Defense
Source Language
English
Civil Procedure Contract Law Banking Law Default Judgment Setting Aside Judgment Final Vs Interlocutory Orders Act of God Defense

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Bank of Africa (Ghana) Ltd

Plaintiff/respondent/respondent

2K Farms Ltd

Defendant/appellant/appellant

Emmanuel Carr

Defendant/appellant/appellant

Love Carr

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Court of Appeal erred in affirming the High Court's refusal to set aside default judgment
  2. 2 Whether the defense of 'Act of God' was properly considered
  3. 3 Whether the default judgment was final or interlocutory

Ratio Decidendi

The Supreme Court held that the High Court's refusal to set aside the default judgment was a final judgment, the appeal was filed within time, and the trial judge exercised discretion judiciously. There was no merit in the appeal, and the reliefs sought were refused.

Court Disposition

appeal dismissed

Orders

  • Decision of the Court of Appeal affirmed
  • Reliefs sought by appellants refused