ABII NATIONAL SAVINGS & LOANS (PLAINTIFF) vs. DINNI GHANA LTD (DEFENDANT)

I have examined the application and the supporting affidavit. I do not think there is any merit in the application. In an earlier application filed on the 25th April, 2016 the court refused the prayer of the 2nd defendant praying for leave to reinstate the defence of the 2nd defendant and to file a witness statement. It is the same application that the 2nd defendant has filed and moved today. To recall the history of the case, the parties were ordered to file their respective witness statement on the 24th February, 2016. The defendants failed to comply with the order of the court. The court accordingly struck out the statement of the defence of the defendant in accordance with C.I 87. The plaintiff led evidence on the 18th April, 2016 and the case was adjourned for judgment. On the date of judgment counsel for 2nd defendant moved the court and persuaded the court to allow him cross-examine the plaintiff before judgment was pronounced. The court granted the prayer of 2nd defen...