Mpharma Pharmaceutical Limited Vrs King Mirror Pharmacy [2023] GHACC 465 (17 July 2023)

The court deferred consideration of both the plaintiff's motion for judgment in default of defence and the defendant's application for leave to file defence out of time to the adjourned date.

Citation: [2023] GHACC 465
Parties: Plaintiff: mPharma Pharmaceuticals Ltd; Defendant: King Mirror Pharmacy
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 17 July 2023
Procedural Posture: Civil / Motion for Judgment in Default of Defence
Outcome: adjourned for consideration of both applications
Legal Topics: Default Judgment, Adjournment, Costs
Source Language: English

Civil Procedure Default Judgment Adjournment Costs

Case Brief

Summary, issues, holding and outcome

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Parties

mPharma Pharmaceuticals Ltd

Plaintiff

King Mirror Pharmacy

Defendant

Procedural Posture

Civil / Motion for Judgment in Default of Defence

Legal Issues

1 Whether judgment should be entered in default of defence
2 Whether adjournment should be granted to defendant to file defence out of time
3 Quantum of costs to be awarded

Ratio Decidendi

The court deferred consideration of both the plaintiff's motion for judgment in default of defence and the defendant's application for leave to file defence out of time to the adjourned date.

Court Disposition

adjourned for consideration of both applications

Orders

Plaintiff to serve Defendant with a Hearing Notice for 3rd August, 2023 and court notes for today.
Costs of GH¢2,000.00 awarded to Plaintiff.