DUAH VRS FRIMPONG (A2/165/23) [2023] GHADC 789 (6 October 2023)
The defendant failed to file a defence or appear, and the suit was placed on the undefended list. The court entered default judgment for the plaintiff in accordance with Order 8 Rule 7 of CI 59.
Source-derived case information.
- Citation
- [2023] GHADC 789
- Parties
- Plaintiff: Nana Kwame Duah; Defendant: Nana Boakye Frimpong
- Court
- District Court
- Jurisdiction
- Ghana
- Case Number
- A2/165/23
- Procedural Posture
- Civil / Judgment Default Judgment
- Outcome
- Default judgment for plaintiff
- Legal Topics
- Recovery of Money, Default Judgment, Interest on Sums Due, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nana Kwame Duah
Plaintiff
Nana Boakye Frimpong
Defendant
Procedural Posture
Civil / Judgment Default Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to recovery of GHC10000 from the defendant for an unsuccessful land demarcation transaction
- 2 Whether the plaintiff is entitled to interest on the sum from February 2022 until payment
- 3 Whether the plaintiff is entitled to costs
Ratio Decidendi
The defendant failed to file a defence or appear, and the suit was placed on the undefended list. The court entered default judgment for the plaintiff in accordance with Order 8 Rule 7 of CI 59.
Court Disposition
Default judgment for plaintiff
Orders
- Defendant to pay plaintiff GHC10000
- Defendant to pay interest on GHC10000 from February 2022 until date of final payment
Full Case Text
Judgment text and source record
1 paragraphs
06/10/23 IN THE DISTRICT COURT HELD AT THE AKROPONG DISTRICT COURT ON WEDNESDAY THE 6TH DAY OF OCTOBER, 2023 BEFORE HIS WORSHIP ROCKSON A. K. KPODO ESQ DISTRICT MAGISTRATE. SUIT NO. A2/165/23 NANA KWAME DUAH V. NANA BOAKYE FRIMPONG ………………………………………………………………………………………………… JUDGMENT Plaintiff claims from defendant; 1. A RECOVERY OF CASH THE SUM OF GHC10000 WHICH THE DEFENDANT COLLECTED FROM THE PLAINTIFF FOR THE PURPOSE OF DEMARCATING A PLOT OF LAND FOR HIM WHICH TRANSACTION WAS NOT SUCCESSFUL AND DEFENDANT HAS FAILED TO REFUND PLAINTIFF’S MONEY. 2. INTEREST ON THE SAID AMOUNT FROM FEBRUARY 2022 TILL DATE OF FINAL PAYMENT 3. COST INCIDENTAL TO THE INSTITUTION OF THIS ACTION When this suit was called on the 12th day of July, 2023, defendant pleaded not liable to all claims, hence the suit was adjourned to the 10th of August, 2023, to enable defendant to file his defence. On the 10th day of August, 2023, when the suit was mentioned, defendant could not file his defence, hence the suit was again adjourned to the 23rd of September, 2023 for defendant to file his defence. On the 23rd day of September, 2023, when the suit was called both defendant and his lawyer were not present in court. Subsequently, counsel for plaintiff made an oral application to the court for the to enter a default judgment for his client as the suit was placed on the undefended list. Upon hearing counsel for plaintiff herein the court hereby enters default judgment for the plaintiff on his claims in consonance with order 8 rule 7 of the CI 59, which says: ‘Where a defendant fails to deliver the affidavit under rule 3, and the defendant is not permitted to defend in accordance with the provisions of rule 6, the Court shall deal with the suit as an undefended suit, and give judgment without calling on the plaintiff to summon witnesses to prove the plaintiff's case formally.’ Cost of GHC2000 is hereby awarded for plaintiff against defendant. Formal decree is hereby ordered to be served on defendant. SGNED H/W ROCKSON A. K. KPODO