Ghana Judgment

Circuit Court

Melan Print & Packaging Limited Vrs Simbisa [2023] GHACC 464 (8 February 2023)

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Source document

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

Defendant

Amounts and remedies

  • Principal Sum Awarded: GHS 158,076.5

03

Procedural history

  1. 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

  1. 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 text

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Source document

Circuit Court

Judgment

[2023] GHACC 464

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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Order 10 of C. I. 47

Legislation

Legislation referenced in the available case record.

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