ATTORNEY GENERAL& ANOR. vs. APAADE LODGE LIMITED

The respondent, Apaade Lodge Limited, commenced an action at the High Court, Accra, against the Attorney General and the Ghana Football Association for recovery of a debt of ¢422,148,026 for hotel and restaurant services provided to the Ministry of Education, Youth and Sports and the Ghana Football Association. The Attorney General appeared but did not file a defence; the Ghana Football Association did not appear. The High Court entered default judgment against both defendants. The Ghana Football Association applied to set aside the default judgment, which was refused by the High Court and the Court of Appeal. The Ghana Football Association appealed to the Supreme Court and applied for a stay of execution of the default judgment, which was refused by the Court of Appeal on the ground that no appeal had been filed against the default judgment itself.

ADINYIRA (MRS),J.S.C: The facts briefly are that on 3 March 2006, the Plaintiff/respondent (hereinafter respondent) commenced an action at the High Court Accra against the Attorney General as 1st defendant and the Ghana Football Association as the 2nd defendant (hereinafter applicant) jointly and severally, for the recovery of the sum of ¢422, 148,026 with interest being debt owed in respect of hotel and restaurant services provided by the plaintiff to the Ministry of Education, Youth and Sports and the applicant. The 1st defendant entered appearance but failed to file a defence, and the applicant herein did not enter any appearance. On 4 April 2006, upon an application by the respondent, the High Court entered judgment against the defendants, jointly and severally, in default of defence and appearance respectively. The respondent took steps to execute the judgment, and then the applicant applied to the High Court to set aside the default judgment on the main ground that it was not l....