Ashia v Osei (C1/44/2023) [2025] GHAHC 100 (16 April 2025)

Ashia v Osei (C1/44/2023) [2025] GHAHC 100 (16 April 2025)

Despite defendant's neglect and proper service, in the interest of justice and as judgment has not yet been delivered, the court grants the application to set aside default judgment and allows the defendant to file a defence, with costs awarded to the plaintiff.

Citation
[2025] GHAHC 100
Parties
Plaintiff: W. O.1 Retired Samuel Ashia; Defendant: Victoria Osei
Court
High Court
Jurisdiction
Ghana
Judgment Date
16 April 2025
Case Number
C1/44/2023
Procedural Posture
Civil / Ruling on Application to Set Aside Default Judgment and for Leave to File Defence Out of Time
Outcome
Application to set aside default judgment granted; leave to file defence out of time granted; costs awarded to plaintiff.
Legal Topics
Default Judgment, Setting Aside Judgment, Leave to File Defence, Service of Process, Costs
Source Language
English
Civil Procedure Default Judgment Setting Aside Judgment Leave to File Defence Service of Process Costs

Case Brief

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Parties

W. O.1 Retired Samuel Ashia

Plaintiff

Victoria Osei

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Default Judgment and for Leave to File Defence Out of Time

Legal Issues

  1. 1 Whether the default judgment and proceedings should be set aside
  2. 2 Whether the defendant should be granted leave to file a statement of defence out of time
  3. 3 Whether costs should be awarded

Ratio Decidendi

Despite defendant's neglect and proper service, in the interest of justice and as judgment has not yet been delivered, the court grants the application to set aside default judgment and allows the defendant to file a defence, with costs awarded to the plaintiff.

Court Disposition

Application to set aside default judgment granted; leave to file defence out of time granted; costs awarded to plaintiff.

Orders

  • Defendant to file and serve statement of defence within seven days
  • Defendant to pay costs of GH¢20,000.00 to Plaintiff