[1974]DLHC2277 • March 15, 1974 • High Court
FOFIE vs. POMAA AND OTHERS
The plaintiffs issued a writ claiming monthly maintenance payments of ¢20.00 for two infant daughters of the defendant until they finish school or reach sixteen years, a sum of ¢5,000.00 for past expenses incurred for the daughters' maintenance, and mesne profits. The writ and statement of claim were served on the defendant, who failed to enter an appearance initially. The plaintiffs obtained default judgment ex parte and immediately issued a writ of fieri facias against the defendant's goods. The defendant later entered appearance and applied to set aside the default judgment.
read moreThe plaintiffs issued an ordinary writ, accompanied by a statement of claim, wherein the claim against the defendant was for: “(a) An order of the court upon the defendant to pay ¢20.00 each month to the first plaintiff for the maintenance of the second and third plaintiffs who are infant daughters of the defendant until they finish school or reach the age of sixteen years; (b) An order of the court upon the defendant to pay to the first plaintiff the sum of ¢5,000.00 representing expenses incurred by her over the past six and half years in respect of the second and third plaintiffs towards their living maintenance and subsistence; and (c) Mesne profit.” The writ and the accompanying statement of claim were served on the defendant on 28 November 1973 according to the affidavit sworn to by the serving bailiff. The defendant failed to enter an appearance and on 11 December 1973 the plaintiff filed a motion ex parte, and as stated in the motion, “for orders to enter both final...