INTERCONTINENTAL BANK GH LTD (PLAINTIFF/RESP.) vs. NAVOO ENTERPRISE LTD & 2 ORS (DEFENDANT/APP)

The present application was filed by the Defendants to set aside the judgment of this Court given on the 20th April, 2018 and for the reinstatement of the statement of defence and counterclaim of the Defendants which was struck out at the case management stage of the proceedings. A brief background of the case is that the Plaintiff instituted the action at the General Jurisdiction Division of the High Court on the 5th December, 2011. The Defendants entered appearance and counterclaimed against the Plaintiff. The suit was subsequently transferred from the General Jurisdiction Division to the Commercial Court by order of the Chief Justice. The parties were accordingly notified of this transfer by the Registrar of the Commercial Court. Hearing notice were further issued to the parties. The case was fixed for case management. The absence of the Defendants and their lawyer caused the Court to order service of case management orders on the Defendants by the Plaintiff. Despite service...