[2017]DLHC16168July 4, 2017High Court

BABBEL LIMITED vs KWABENA MENSAH BONSU

RULING Introduction: [1] It recalls that on the 16th day of June, 2016 the Plaintiff commenced this instant action by issuing a writ of summons against the Defendant herein endorsed with the reliefs set out here below: i. The default judgment fraudulently acquired by the Defendant against the Plaintiff on the 3rd day of April 2014 be set aside. ii. Refund of the amount of Eighty Thousand Cedis (GHS 80,000) paid to the Defendant. iii. Interest on the said amount from the 25th of February, 2014 to the date of final payment. iv. Damages for breach of contract. v. Cost [2] After been served with the Plaintiffs Writ of Summons and Statement of Claim, the Defendant/Applicant herein entered Conditional Appearance and brought this instant Motion on Notice premised on Order 11 r 18(1) (d) of CI 47 filed on 20/07/2016 by learned Counsel for the Defendant/Applicant herein, the Applicant seeks an order of this court: “…….to strike out the Plaintiff’s writ and statement of c...