FIRST LOGISTICS GROUP LIMITED vs TALAL KADER AND LIZARA INDUSTRIES GHANA LIMITED

RULING I have listened to the submissions for and against the application by the Defendants/ Applicants (hereinafter called the Applicants) for leave to file supplementary affidavit in support of their motion to set aside the Plaintiff/Respondent (hereinafter called the Respondent) default judgment. I have read the application filed on 23rd August, 2023 by the Applicants. It is trite law, that supplementary affidavit is not filed as of right. Therefore, a party can file supplementary affidavit when leave has been granted to him to do so. However, a court will grant or refuse an application for leave to file supplementary affidavit depending on the circumstances of the case. And also, whether the applicant has been diligent in bringing his application. In this case, the Applicants failed to attach a copy of the proposed supplementary affidavit they intend to file in support of their motion to set aside the default judgment. The Applicants also attached exhibits to the applicat...