[1987]DLHC624 • July 14, 1987 • High Court
KUMA vs. BART-PLANGE
The plaintiff claimed a debt of ¢218,000 from the defendant, supported by an affidavit calculating total indebtedness as ¢377,472 as of June 1987. The writ and statement of claim were served on the defendant on 15 May 1987, but the defendant failed to enter appearance. The plaintiff then filed an ex parte motion for final judgment based on the defendant's failure to file a defence, but the motion lacked citation of the relevant court rules and clear grounds for the application.
read moreJUDGMENT OF KPEGAH J. By a specially indorsed writ, the plaintiff claims from the defendant the sum of ¢218,000 being a debt due and owing to the plaintiff by the defendant. The plaintiff is also claiming a compound interest at the current bank rate. And in his affidavit in support of this application, the plaintiff computes the total indebtedness of the defendant, as at the end of June 1987, to be ¢377,472. The writ was accompanied with a statement of claim which details how the indebtedness to the plaintiff came about. The writ together with the statement of claim were served on the defendant on 15 May 1987. The defendant failed to enter appearance to the writ and the plaintiff, on 17 June 1987, brought a motion ex parte for “final judgment against the defendant in terms of the averments deposed to in the supporting affidavit.” The motion itself is thus silent on the grounds on which the application is being brought; and also it fails to indicate the rule of court un...