Hannah Amu-more Vrs Mckeown Investment Co. Ltd. & 3 Ors. [2022] GHACC 238 (29 November 2022)

Hannah Amu-more Vrs Mckeown Investment Co. Ltd. & 3 Ors. [2022] GHACC 238 (29 November 2022)

The court found that the 3rd defendant failed to appear despite proper service, entitling the plaintiff to judgment in default for the outstanding rent, water bill, interest, and costs, with substituted service ordered for notification.

Citation
[2022] GHACC 238
Parties
Plaintiff: Hannah Amu-More; 1st Defendant: McKeown Investment Co. Ltd.; 2nd Defendant: Isaac Kofi Kwateng; 3rd Defendant: Clement Nii Lamptey Wilkinson; 4th Defendant: Charity Wilkinson (Mrs)
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
29 November 2022
Procedural Posture
Civil / Final Judgment in Default of Appearance
Outcome
Judgment for plaintiff in default of appearance against 3rd defendant
Legal Topics
Default Judgment, Recovery of Rent, Substituted Service
Source Language
English
Landlord and Tenant Civil Procedure Default Judgment Recovery of Rent Substituted Service

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Parties

Hannah Amu-More

Plaintiff

McKeown Investment Co. Ltd.

1st Defendant

Isaac Kofi Kwateng

2nd Defendant

Clement Nii Lamptey Wilkinson

3rd Defendant

Charity Wilkinson (Mrs)

4th Defendant

Procedural Posture

Civil / Final Judgment in Default of Appearance

Legal Issues

  1. 1 Whether the plaintiff is entitled to recovery of outstanding rent and water bill from the 3rd defendant in default of appearance
  2. 2 Whether substituted service is appropriate for notifying the 3rd defendant

Ratio Decidendi

The court found that the 3rd defendant failed to appear despite proper service, entitling the plaintiff to judgment in default for the outstanding rent, water bill, interest, and costs, with substituted service ordered for notification.

Court Disposition

Judgment for plaintiff in default of appearance against 3rd defendant

Orders

  • 3rd defendant to pay GH¢23,370.00 as outstanding rent and water bill for November 2018 to March 2023
  • Interest on GH¢23,370.00 at prevailing bank rate from date of judgment until final payment