DELICO ACHIMOTA GHANA LTD vs. X-BASE LIMITED & ORS.

This is a ruling pursuant to motion filed on the 7th February, 2020 seeking an order for the variation of the order of the court dated 30th July, 2019. The court has considered the submissions of counsel for the applicant. The court notes that on the authority of Amoakom vs Hanson 1987/88 GLR there is no Bar to the court considering this application. It is a matter or record that counsel for the defendants has been duly served and has not filed an affidavit in opposition. Though the position of the law on the authority of Bonsu vs Eyifah 2001/02 GLR does not give automatic assurance to an applicant in this state of affairs, the mere fact that the defendant is deemed to be practicing in a firm ordinarily and no one has attended court from that firm, the court takes the view that it may therefore rule on the application for variation. The principle which has been cited in cases such as Van Wyk vs Van Wyk 1954(4) SA 594 is clear that the grant of a variation order is not automatic. Howeve...