IN THE SUPERIOR COURT OF JUDICATURE
IN THE HIGH COURT
HO - A.D 2018
JUDICIAL SERVICE STAFF ASSOCIATION OF GHANA - (Plaintiff)
MAN CAPITAL AND OTHERS - (Defendant)
DATE: 3 RD MARCH, 2018
SUIT NO: E2 / 28 / 2018
JUDGES: ERIC BAAH JUSTICE OF THE HIGH COURT
The plaintiff filed a motion on notice for judgment in default of the defendants defence. Upon receipt of it, the defendants caused their lawyer, Ernest Owusu Aboagye to file a motion to dismiss the plaintiff's suit.
The said motion is so peculiar and irregular. The motion is a photocopy.
The question is, where is the original? It is not proper for a lawyer to file a photocopy of a motion. If the original could not be found after it had been filed, the Registrar should have certified as true copy, the photocopy from the defendants counsel before it could be placed on the docket. In its present form, the court cannot deal with it.
Since it is a photocopy, the signature on it is also a photocopy. The court cannot be sure that the signature / and the motion are an authentic copy.
Aside the above, counsel for the defendant is absent without any formal excuse. The 1st defendant says he asked him to ask for next Friday. It cannot be accepted that the defendants who have caused delay of the case; resulting in plaintiffs application for judgment, could be so careless in the handling of the matter. Based on the above, I dismiss the defendants motion to dismiss the plaintiffs suit as irregular and also for lack of prosecution.
BY COURT- I have perused the plaintiffs motion for judgment in default of the defendant defence dated 20/2/18 and find merit in the application.
The application is granted on grounds of merit.
However since reliefs (a) is liquidated demand and reliefs (b) and (d) are attendant on relief (a) the plaintiff is entitled to final, and not interlocutory judgment on reliefs (a) (b) and (d). Final judgment is entered for the plaintiff on relief (c) for the GH¢48,327.17 with interest on the said sum from December 2017 per the rate on the investment certificate to date of final payment (relief b).
Cost of GH¢5,000.00 allowed against the defendants. Relief (c) to take its normal course.