TIMITE MAHAMAH vs CAITEC DELTA LIMITED

RULING i. Introduction: [1] Before me is an application for an order to set aside the Notice of Entry of Judgment filed. The application is premised on Order 41 Rule 6(1) and Rule 7(1) and Form 17B of the High Court Civil Procedure Rules, 2004, C.I. 47. The foundation of the application is that the Plaintiff/Respondent’s Notice of Entry of Judgment filed is null and void and same ought to be set aside together with all other processes emanating from the entry of judgment. [2] According to the Applicant, on the 4th day of December, 2017 the Court presided over by my Learned Sister, Sophia Rosetta Bernasko Essah, J delivered a judgment on the substantive matter and at the last page of the judgment after her analysis she stated as follows: “I will therefore grant the Plaintiff special damages for the period of July 2015 to March 2016 only, for hire of alternative excavator. Plaintiff is entitled to damages for wrongful seizure of the excavators and I will award damages of GH¢...