[2013]DLSC2827 • October 30, 2013 • Supreme Court •
THE REPUBLIC vs. THE HIGH COURT (COMM. DIV) ACCRA EX PARTE: PORT HANDLING COMPANY LIMITED
The applicant, Port Handling Company Limited, was sued by an interested party at the High Court Commercial Division, Accra, for unpaid fees amounting to US$58,000. The applicant initially filed a Notice of Appearance through BMC Legal Services, which was challenged and declared defective by the trial court. Despite filing a statement of defence, the court entered judgment in default of defence against the applicant, disregarding the defence on record. The applicant then sought to set aside the judgment, leading to the present application to the Supreme Court to quash the High Court's judgment dated 22/11/2010.
read moreANIN YEBOAH, JSC: The applicant herein has invoked this courts’ supervisory jurisdiction for the prerogative writ of certiorari to quash the judgment of the High Court (Commercial Division) Accra, dated the 22/11/2010. The judgment sought to be quashed was not a judgment on the merits and therefore the facts leading to this application are devoid of controversy. On or about the 22/02/2010, the interested party to this application issued a writ against the applicant at the High Court, Commercial Division, Accra. The writ was indorsed with a claim of Fifty – Eight Thousand United States Dollars (U$58,000.00) being unpaid fees for services rendered by the interested party to the applicant for a period. Upon service of the writ of summons and statement of claim, the applicant consulted a law firm known as BMC Legal Services to enter appearance on its behalf, which the firm did on 16/03/2010. After service of the Notice of Appearance, the interested party on 18/03/2010 filed a mot...