Marfo Boakye-kudjo & Anor. Vrs Richmond Adu-poku & Anor. [2023] GHACC 448 (20 July 2023)

Marfo Boakye-kudjo & Anor. Vrs Richmond Adu-poku & Anor. [2023] GHACC 448 (20 July 2023)

The 1st defendant's conditional appearance became a bare appearance after 14 days without further application, entitling the plaintiff to apply for judgment in default of defence. The 2nd defendant, having filed no process despite service, is subject to default judgment in appearance.

Citation
[2023] GHACC 448
Parties
Plaintiff: Marfo Boakye-Kudjo; Plaintiff: Rosemond Marfo; Defendant: Richmond Adu-Poku; Defendant: Sampaul Cudjoe
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
20 July 2023
Procedural Posture
Civil / Interlocutory Ruling on Applications for Default Judgment and Appearance
Outcome
directions issued on applications for default judgment and appearance
Legal Topics
Default Judgment, Appearance, Service of Process, Conditional Appearance
Source Language
English
Civil Procedure Default Judgment Appearance Service of Process Conditional Appearance

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Parties

Marfo Boakye-Kudjo

Plaintiff

Rosemond Marfo

Plaintiff

Richmond Adu-Poku

Defendant

Sampaul Cudjoe

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Applications for Default Judgment and Appearance

Legal Issues

  1. 1 Whether the 1st defendant's conditional appearance is valid after failing to take further steps within 14 days
  2. 2 Whether the plaintiff is entitled to judgment in default of defence against the 1st defendant
  3. 3 Whether the plaintiff can proceed for judgment in default of appearance against the 2nd defendant

Ratio Decidendi

The 1st defendant's conditional appearance became a bare appearance after 14 days without further application, entitling the plaintiff to apply for judgment in default of defence. The 2nd defendant, having filed no process despite service, is subject to default judgment in appearance.

Court Disposition

directions issued on applications for default judgment and appearance

Orders

  • Plaintiff to withdraw application for judgment in default of appearance against both defendants as 1st defendant has entered appearance.
  • Plaintiff at liberty to file application for judgment in default of appearance against 2nd defendant only.