[2016]DLHC9057November 14, 2016High Court

GHANA SPECIALTY FATS IND LTD. vs. BOSOMPEM TRANSPORT SERVICES LTD.

The Plaintiff/Respondent (hereinafter, the “Plaintiff”) is a limited liability company engaged in the business of processing of shea butter, olein and other derivatives of oil and its allied products. The Defendant is also a limited company engaged in the business of general haulage services. The brief facts leading up to this application on notice filed by the Defendant/Applicant (hereinafter, the “Defendant”) for an order to set aside the default judgment entered against it and for leave to file a defence out of time are as follows. The Plaintiff on May 28, 2015 issued a writ of summons claiming against the Defendant, as per the reliefs endorsed thereon, the recovery of a stated sum of money being losses occasioned to the Plaintiff during the transportation of Plaintiff’s shea butter, interest on the said sum and other ancillary reliefs. This writ of summons and the accompanying statement of claim were served on the Defendant through its Chief Executive Officer on Se...