Hector Hammond Vrs Felix Kojo Foli [2023] GHACC 323 (10 March 2023)

Hector Hammond Vrs Felix Kojo Foli [2023] GHACC 323 (10 March 2023)

The defendant was duly served with the writ but failed to enter appearance. There is no legal requirement to serve further processes on a non-appearing defendant. The defendant failed to show a reasonable defence or satisfactory explanation for the default. Application to set aside judgment is dismissed.

Citation
[2023] GHACC 323
Parties
Plaintiff: Hector Hammond; Defendant: Felix Kojo Foli
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
10 March 2023
Procedural Posture
Civil / Ruling on Application to Set Aside Default Judgment
Outcome
application dismissed
Legal Topics
Default Judgment, Service of Process, Natural Justice, Setting Aside Judgment
Source Language
English
Civil Procedure Default Judgment Service of Process Natural Justice Setting Aside Judgment

Case Brief

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Parties

Hector Hammond

Plaintiff

Felix Kojo Foli

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether failure to serve witness statement and hearing notice on a defendant who did not enter appearance renders the judgment void
  2. 2 Whether the defendant has shown reasonable cause to set aside the default judgment

Ratio Decidendi

The defendant was duly served with the writ but failed to enter appearance. There is no legal requirement to serve further processes on a non-appearing defendant. The defendant failed to show a reasonable defence or satisfactory explanation for the default. Application to set aside judgment is dismissed.

Court Disposition

application dismissed

Orders

  • costs of GH¢2,000.00 awarded against the defendant