Melan Print & Packaging Limited Vrs Simbisa [2023] GHACC 464 (8 February 2023)
- Citation
- [2023] GHACC 464
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- Circuit Court
- Posture
- Civil / Judgment in Default of Appearance
- Language
- English
More details
- Court
- Circuit Court
- Posture
- Civil / Judgment in Default of Appearance
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The defendant failed to enter appearance, entitling the plaintiff to judgment in default for the claimed sum and interest as per the rules.
Court disposition
Judgment for the plaintiff in default of appearance
Orders
- Plaintiff granted final judgment for GH¢158,076.50 and interest at prevailing commercial lending rate from July 2022 to date of final payment
- Plaintiff to serve defendant with entry of judgment and court notes
- If no steps are taken by defendant within 14 days of service, plaintiff to seek further instructions and costs
02
Material facts
Parties
Melan Print & Packaging Limited
Plaintiff/applicant Counsel: Eric Atieku Esq.Simbisa Brands Limited
DefendantAmounts and remedies
- Principal Sum Awarded: GHS 158,076.5
03
Procedural history
Posture
Civil / Judgment in Default of Appearance
04
Questions and positions
Legal issues
Whether the plaintiff is entitled to judgment in default of appearance for the claimed sum and interest
Party arguments
- Applicant
- The defendant failed to enter appearance as required by the rules. The plaintiff claims payment of GH¢158,076.50, interest at the prevailing commercial lending rate from July 2022 to date of final payment, and costs.
- Respondent
- No appearance or argument by the defendant.
05
Court’s reasoning
Legal principles
- 01
Order 10 of C. I. 47
Judgment in default of appearance may be entered where a defendant fails to enter appearance as required by the rules.
06
Ratio, limits and disposition
Ratio decidendi
The defendant failed to enter appearance, entitling the plaintiff to judgment in default for the claimed sum and interest as per the rules.
Court disposition
Judgment for the plaintiff in default of appearance
- Plaintiff granted final judgment for GH¢158,076.50 and interest at prevailing commercial lending rate from July 2022 to date of final payment
- Plaintiff to serve defendant with entry of judgment and court notes
- If no steps are taken by defendant within 14 days of service, plaintiff to seek further instructions and costs
Source and reliance status
Circuit Court
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Judgment reading view
Judgment text
The complete available source text.
Circuit Court
Judgment
IN THE CIRCUIT COURT OF GHANA HEL IN ACCRA ON WEDNESDAY, 8TH DAY OF FEBRUARY, 2023 BEFORE HER HONOUR KIZITA NAA KOOWA QUARSHIE, CIRCUIT COURT JUDGE SUIT NO. C2/78/2023 MELAN PRINT & PACKAGING LIMITED
VS
SIMBISA BRANDS LIMITED ========================================================= Plaintiff absent but represented by Abigail Twum Barima Defendant absent Eric Atieku Esq. for the Plaintiff/Applicants present BY COURT: On the docket is a motion ex-parte for Judgment in default of appearance under Order 10 of C. I.
47. Counsel for the Plaintiff said the defendant has failed to enter appearance per the rules. Counsel moved per the motion paper and supporting affidavit. Counsel’s claim is for payment of the sum of GH¢158,076.50. Interest on the GH¢158,076.50 at prevailing commercial lending rate of interest from July, 2022 to date of final payment and costs. The court grants the Plaintiff/Applicant final Judgement for his claims (i) and (ii) in Default of Appearance. The Plaintiff/Applicant is to serve the Defendant with Entry of Judgement and court notes. If after 14 days of service on the Defendant no new steps are taken by the defendant, Plaintiff is to come to court for further instructions and costs. (SGD) H/H KIZITA NAA KOOWA QUARSHIE
CIRCUIT COURT JUDGE
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