OMNIBANK GHANA LTD vs. ADUANABA APPIAH CO. LTD , JOHN VASCO APPIAH AND VERONICA APPIAH

JUDGMENT INTRODUCTION This is an Interlocutory Appeal against the 16th January 2023 Ruling of the High Court (Commercial Division), Kumasi, which pertains to the refusal of the said court to set aside a judgment in default of appearance given by the Court, differently constituted, on 19th March 2019. The substantive suit was in respect of credit facilities which the Plaintiff Bank extended to the 1st Defendant Company, and secured by the other defendants by way of mortgage and guarantees. The Defendants/Applicants/Appellants have invoked our jurisdiction by a Notice of Appeal filed on 20th January, 2023. An important issue which both Counsel failed to touch on in their respective Written Submissions is, whether a trial court has jurisdiction to entertain an application to set aside a default judgment after Execution, in the same action. In determining this appeal, we would discuss this issue, pursuant to Rule 8(8) of the Court of Appeal Rules, CI 19. For ease of reference, the ...