Bank Of Africa Ghana Ltd Vrs Alukings Systems Ltd and 2 Others [2023] GHAHC 163 (27 March 2023)

Bank Of Africa Ghana Ltd Vrs Alukings Systems Ltd and 2 Others [2023] GHAHC 163 (27 March 2023)

The application to set aside the default judgment is granted solely because there was no evidence attached to the application for final judgment showing that the 3rd Defendant/Applicant actually executed a Deed of Guarantee, which is fundamental to establishing liability.

Citation
[2023] GHAHC 163
Parties
Plaintiff/respondent: Bank of Africa Ghana Ltd; 1st Defendant: Alukings Systems Ltd; 2nd Defendant/director/managing Director of 1st Defendant: 2nd Defendant; 3rd Defendant/applicant: 3rd Defendant/Applicant
Court
High Court
Jurisdiction
Ghana
Judgment Date
27 March 2023
Procedural Posture
Commercial / Ruling on Application to Set Aside Default Judgment
Outcome
Application granted; default judgment against 3rd Defendant/Applicant set aside
Legal Topics
Guarantee Liability, Default Judgment, Substituted Service, Directors' Liability
Source Language
English
Commercial Law Banking Law Civil Procedure Guarantee Liability Default Judgment Substituted Service Directors' Liability

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Parties

Bank of Africa Ghana Ltd

Plaintiff/respondent

Alukings Systems Ltd

1st Defendant

2nd Defendant

2nd Defendant/director/managing Director of 1st Defendant

3rd Defendant/Applicant

3rd Defendant/applicant

Procedural Posture

Commercial / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the 3rd Defendant/Applicant was properly served with court processes
  2. 2 Whether resignation as director absolves liability under a personal guarantee
  3. 3 Whether judgment in default of appearance should be set aside for lack of evidence of guarantee

Ratio Decidendi

The application to set aside the default judgment is granted solely because there was no evidence attached to the application for final judgment showing that the 3rd Defendant/Applicant actually executed a Deed of Guarantee, which is fundamental to establishing liability.

Court Disposition

Application granted; default judgment against 3rd Defendant/Applicant set aside

Orders

  • Judgment against 3rd Defendant/Applicant dated 25th July, 2022 set aside
  • All properties of the 3rd Defendant/Applicant seized in execution and not yet sold to be released from attachment