MRS MARY FOSU vs. FIRST TRUST SAVINGS AND LOANS AND OTHERS

Before me is an application to set aside judgment in default of appearance filed through a motion on notice pursuant to Order 10 of the High Court (Civil Procedure Rules), 2004, CI 47. The grounds of the application are contained in the affidavit in support and supplementary affidavit in support filed by the 1st defendant/applicant (hereinafter referred to as the applicant) on 19/11/2018 and 30/11/2018 respectively. The Plaintiff/Respondent (hereinafter referred to as the respondent) is opposed to the application and has demonstrated the grounds in an affidavit in opposition. At the hearing, counsel for the applicant relied on the affidavits in support as well as the annexures and prayed the court to set aside the judgment in default of appearance, as the same is a nullity. Counsel submitted that per the statement of claim the plaintiff has no cause of action and in that regard, it was wrong for default judgment to be entered in her favour. Counsel also submitted that it is clear fr...