[2018]DLHC10445 • October 31, 2018 • High Court
REPUBLIC BOAFO LTD vs. CAROLINA ABEBRESE & ORS.
This is an application pursuant to Order 10 Rule 1 (1) of CI 47. The substantive application was filed on the 24th day of October, 2018. It is clear from the search conducted by the applicant filed on the 9th of October, 2018 that the 2nd and 3rd defendants have been served with the writ and the statement of claim on the 20th day of July, 2018. It is a well known fact that a party need not respond to legal processes once he has received them. In any case once a party has been served and there is proof of service upon him, the court can go ahead to deal with the matter making any relevant orders it deems fit without being said to breach the audi alteram partem rule. This position of the law is reiterated by Twumasi J in the case of Nanevie vs Customs Excise 2003/2004 GLR. This being the case, in an application pursuant to Order 10 Rule 1 (1) of CI 47 the plaintiff is at liberty to apply for final judgement and costs in this matter. The defendant is deemed to have no case to answer an...