[2022]DLCA11499January 27, 2022Court of Appeal

ALPHA LOTTO LTD, MR. BAWUAH, AND MARK FOSU vs. YAW ASARE

POKU-ACHEAMPONG, J.A.: This is an appeal by the 1st Defendant/Appellant (hereafter called the “Appellant”) against the summary judgment of a Kumasi High Court dated the 18th day of May 2020. Background: The Plaintiff/Respondent (hereafter referred to as the Respondent) issued a Writ of Summons against the Appellant and two other Defendants on 12th December, 2019 and amended same on 19th December, 2019 claiming jointly and severally the following reliefs: a. Recovery of an amount of GhC54,600.00 b. Interest on the said amount from 12th October, 2019 at the prevailing bench (sic) rate. c. Any further order(s) that the court may deem fit. On 12th February 2020 the Appellant entered appearance to the action but failed thereafter to file a defence to the suit. The Respondent then brought an application for judgment against the 1st and 3rd Defendants in default of defence on 13/3/2020. The 1st Defendant/Appellant upon service of the said application, filed its Statement o...