AMLALO vs. MARFO

JUDGMENT OF BROBBEY J. In this application, the defendant-applicant, hereafter referred to as the defendant, has applied for stay of execution of a default judgment delivered by this court; an order setting aside that judgment and leave to file a defence to the plaintiff’s claim. On the face of the defendant’s supporting affidavit, the sole ground of the application was put this way. “That I have a good defence or set-off or both against the plaintiff’s action with very high chance of success.” The plaintiff in his affidavit in opposition averred that the affidavit did not disclose any triable issue. When the application came up for hearing for the first time I pointed out to counsel for the applicant that his affidavit had to state facts disclosing some triable issue or some grounds of defence and so he had to advise his client to file a supplementary affidavit or file whatever defence he will eventually send to court if leave were granted. The latter advice was g...