REPUBLIC vs. HIGH COURT, ACCRA (COMMERCIALDMSION); EX PARTE HESSE (JNVESTCOM CONSORTIUM HOLDINGS SA & SCANCOM LTD INTERESTED PARTIES)

The applicant instituted an action against two defendant companies. A default judgment was entered against the first defendant, which unsuccessfully sought to set aside the judgment. While an appeal against the default judgment was pending, the first defendant filed a fresh motion to set aside the judgment. The High Court struck out this application on the ground that it could not entertain such an application while an appeal was pending. The first defendant then withdrew the appeal and filed a new motion to set aside the default judgment and for leave to file a defence, which the court granted. The applicant challenged this ruling, arguing the High Court lacked jurisdiction to entertain the application while the appeal was pending and that the default judgment was valid and not void.

GEORGINA WOOD CJ delivered the ruling of the court. By this motion brought under rule 61 (I) of the Supreme Court Rules, 1996 (CI 16 , the applicant prays for an order of certiorari to quash the ruling of Cecilia Sowah J dated 9 April 2008, and a further order of prohibition to restrain the learned judge from the further hearing of the substantive action related thereto. The facts leading to this instant application are not altogether complex; neither are the procedural nor the substantive legal issues arising from them. On 29 November 2006, the applicant instituted an action against the first and the second defendant companies (the interested parties in the instant proceedings). On 2 April 2007, the plaintiff successfully moved the court to obtain judgment in default of defence against the first defendant for the reliefs claimed. On 26 April 2007, the court dismissed an application filed on 13 April 2007 by the first defendant to set aside the default judgment. As the learned...