JOSS ENGINEERING LIMITED VRS EUGO TERRANO LIMITED (C11/199/23) [2024] GHACC 6 (22 February 2024)

The applicant satisfactorily explained the delay and raised triable issues in the defence; therefore, the court exercised its discretion to set aside the default judgment and adopt the filed defence.

Citation: [2024] GHACC 6
Parties: Plaintiff/respondent: Joss Engineering Limited; Defendant/applicant: Eugo Terrano Limited
Court: Circuit Court
Jurisdiction: Ghana
Judgment Date: 22 February 2024
Case Number: C11/199/23
Procedural Posture: Civil / Ruling on Motion to Set Aside Default Judgment and for Leave to Adopt Statement of Defence
Outcome: application granted
Legal Topics: Setting Aside Default Judgment, Leave to Adopt Defence, Exercise of Judicial Discretion
Source Language: English

Civil Procedure Setting Aside Default Judgment Leave to Adopt Defence Exercise of Judicial Discretion

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Parties

Joss Engineering Limited

Plaintiff/respondent

Eugo Terrano Limited

Defendant/applicant

Procedural Posture

Civil / Ruling on Motion to Set Aside Default Judgment and for Leave to Adopt Statement of Defence

Legal Issues

1 Whether the default judgment should be set aside under Order 13 rule 8 of C.I 47
2 Whether the applicant has provided a reasonable explanation for the default and demonstrated a triable defence

Ratio Decidendi

The applicant satisfactorily explained the delay and raised triable issues in the defence; therefore, the court exercised its discretion to set aside the default judgment and adopt the filed defence.

Court Disposition

application granted

Orders

Default judgment set aside
Defence filed on 18th December 2023 adopted as the defence of the defendant