ACCESS BANK (GHANA) LTD. (PLAINTIFF) vs. MANSELL GHANA LIMITED, RAMI EL-ASHKAR AND DR. RADWAN EL-ASHKAR (DEFENDANT)

On the 13th June 2018, the applicant in this matter, Access Bank (Ghana) Limited, caused an originating motion on notice to be filed on its behalf for an order to exercise a right to possession and to realise security in properties charged. The respondent filed a conditional appearance on the 27th June 2018 to the originating motion on notice. As a result, the applicant filed a motion on the 9th July 2018 for an order to set aside the conditional appearance filed by the respondent. The only reason advanced by the applicant for the motion to set aside the conditional appearance is that “the filing of a conditional appearance to the originating notice of motion is not a process known to the Rules of court.” The respondent is opposed to the application. Order 9 rule 1 of the High Court (Civil Procedure) Rules, 2004, CI 47 is very instructive in determining who may file an appearance. It states that: 1. Who may file appearance (1) Subject to Order 5 rule 1 of these Rules a defe...