[2018]DLCA9935December 10, 2018Court of Appeal

OKOMFO ANOKYE RURAL BANK LTD vs. REGIONAL PROJECT PROCUREMENT MANAGEMENT AND ORS

Order 59 rule 4 (1) of the High Court (Civil Procedure) Rules, 2004 (CI 47) provides: Rule 4—Default in Moneylender's Action (1) In a moneylender’s action, judgment in default of appearance or in default of defence shall not be entered except with leave of the Court. (2) Notice of an application for the grant of leave under this rule shall be served on the defendant. (3) On the hearing of the application, whether the defendant appears or not, the Court may (a) exercise the powers of the Court under the Moneylenders Ordinance, 1940 (Cap. 176); (b) give leave to enter final judgment for the whole or part of the claim, if satisfied that notice of the application has been duly served; and (c) as regards any part of the claim in respect of which leave to enter final judgment is refused, make or give any such order or directions as it considers necessary for further proceedings. In this application on notice for judgment in default of defence, counsel for the defendants/responden...