RAPHAEL CUBAGE vs. EVAME MOTOR (GH) LIMITED PER THE MANAGING DIRECTOR

The respondent sued, among others, Evame Motor (Gh) Limited claiming, in substance, refund of monies paid in relation to 40 tricycles and an additional sum allegedly taken to be given to a prosecutor as prosecution fees and transport. The appellant failed to enter appearance after the writ was served on one Kwadwo Agyei, upon which judgment in default of appearance was entered on 27 November 2017. The appellant later contended that it had not been properly served because Kwadwo Agyei was not an officer authorized to receive process on its behalf, and that it only became aware of the suit when execution was levied in March 2020. The respondent maintained that Kwadwo Agyei had represented the company previously and acted as its director/attorney or ostensible representative. Portion of judgment: under “A. BACKGROUND” and “H. DETERMINATIONS”.

JUDGMENT BAAH, J.A A. BACKGROUND On 27 September 2017, the plaintiff/respondent (hereafter respondent), sued three entities and one individual, namely, (a) Attorney General (b) Theophilus Appoh (c) Ghana Police Service and (d) Evame Motor (Gh) Limited. In due course, the first three defendants were non-suited, and their names struck off the writ of summons. The reliefs sought by the respondent, which are relevant to this appeal, will be laid out in the course of this judgment. The defendant/appellant (hereafter appellant) who had been purportedly served with the writ of summons through one Kwadwo Agyei, failed or omitted to submit to the jurisdiction of the court by the entry of an appearance. As a consequence, a judgment in default of appearance was entered against the appellant on 27 November 2017. No steps were taken by respondent to enforce the judgment, until 11 March 2020, when he filed a fi: fa to attach some motor bikes in the shop of a sales agent of the appellant in...