INTERCONTINENTAL BANK GH LTD (PLAINTIFF/RESP.) vs. NAVOO ENTERPRISE LTD & 2 ORS (DEFENDANT/APP) [2018]DLHC7246

INTERCONTINENTAL BANK GH LTD (PLAINTIFF/RESP.) vs. NAVOO ENTERPRISE LTD & 2 ORS... [2018]DLHC7246

Date	2018-10-22
Suit No.	SUIT NO. CM/BFS/0027/16
Citation No.	[2018]DLHC7246

HIS LORDSHIP GEORGE K. KOOMSON (J).

SHARON BLANKSON FOR PLAINTIFF

KOFI SUNU FOR G.H. QUIST FOR DEFENDANTS

[2018]DLHC7246
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													<main id="main" class="content" style="min-height: 60rem" >INTERCONTINENTAL BANK GH
LTD<o:p></o:p>(PLAINTIFF/RESP.)<o:p></o:p>vs.<o:p></o:p>NAVOO ENTERPRISE LTD
&amp; 2 ORS<o:p></o:p>(DEFENDANT/APP)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT (COMMERCIAL DIVISION),
ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

SUIT
NO. CM/BFS/0027/16&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;DATE: 22ND
OCTOBER, 2018<o:p></o:p>

</div>COUNSEL: <o:p></o:p>SHARON BLANKSON FOR
PLAINTIFF<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

KOFI
SUNU FOR G.H. QUIST FOR DEFENDANTS<o:p></o:p>

</div>CORAM:<o:p></o:p>HIS LORDSHIP GEORGE K.
KOOMSON (J).<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">RULING<o:p></o:p>

</div>The present application was filed by
the Defendants to set aside the judgment of this Court given on the 20th
April, 2018 and for the reinstatement of the statement of defence and
counterclaim of the Defendants which was struck out at the case management
stage of the proceedings.<o:p></o:p>A brief background of the case is that
the Plaintiff instituted the action at the General Jurisdiction Division of the
High Court on the 5th December, 2011.&nbsp; The Defendants entered appearance and
counterclaimed against the Plaintiff.&nbsp;
The suit was subsequently transferred from the General Jurisdiction
Division to the Commercial Court by order of the Chief Justice.&nbsp; The parties were accordingly notified of this
transfer by the Registrar of the Commercial Court.&nbsp; Hearing notice were further issued to the
parties.&nbsp; The case was fixed for case
management.&nbsp; The absence of the
Defendants and their lawyer caused the Court to order service of case
management orders on the Defendants by the Plaintiff.&nbsp; Despite service of the order on the
Defendants and subsequent hearing notices being served on the Defendants, they
failed to attend Court for case management.&nbsp;
In accordance with the rules of Court, as amended, the statement of
defence and counterclaim of Defendants was struck out.&nbsp; The Plaintiff was ordered, accordingly, to
prove its claim.&nbsp; Hearing notice was
served on the Defendants.&nbsp; They failed to
attend Court despite being served with hearing notice.&nbsp; The Court proceeded to take the evidence of
Plaintiff.&nbsp; Judgment was fixed for 20th
April, 2018. <o:p></o:p>On the 19th April, 2018, the
Defendants filed a notice of change of solicitors.&nbsp; The Court delivered its judgment on the 20th
April, 2018.&nbsp; The Defendants were once
again absent from Court on the 20th April, 2018.&nbsp; Subsequent to this, the Defendant filed the
present application.<o:p></o:p>The case of the Defendants are amply
stated in the affidavit in support of their application sworn to by the 2nd
Defendant, Robert Akeyom as follows:<o:p></o:p>4. &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
upon receipt of the Writ of Summons, I referred the process to our previous
lawyer who entered appearance and filed a statement of defence and a counterclaim
on our behalf.<o:p></o:p>5.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
I was not aware that the matter had been transferred to the Commercial Court
(2).<o:p></o:p>6.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
I also did not know that the matter had been adjourned for case management as
my lawyer had failed to inform me about the progress of the case.<o:p></o:p>7.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
whatever process that were served were served directly on our lawyer who failed
to inform us of the orders made by the Honourable Court.<o:p></o:p>8.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
it was around the middle of the month of April, 2018 that our attention was
drawn to a hearing notice fixing judgment for the 20th April, 2018<o:p></o:p>9.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
when I contacted our previous lawyer he informed me that the matter had been
fixed for judgment.<o:p></o:p>10.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
he then informed me that he cannot represent us again and that we should engage
a new lawyer.<o:p></o:p>11.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; That
we engaged a new lawyer who filed a Notice of Change of Lawyer on the 19th
</main>