Kofi Agyekum Vrs Emmanuel Appiah [2022] GHACC 246 (3 October 2022)

IN THE CIRCUIT COURT ‘2’ ADENTAN SITTING BEFORE HER HONOUR SEDINAM AWO BALOKAH (MS) THE PRESIDING JUDGE ON THE 3RD DAY OF OCTOBER, 2022 SUIT NO. PLAINTIFF TIME: 10:53 AM C6/002/2023 KOFI AGYEKUM WEST LANDS - ACCRA VRS. EMMANUEL APPIAH DEFENDANT WEST LANDS BOVLEVARD Plaintiff/Applicant Present Defendant Absent S. N Eyir – Yaw Present for Plaintiff/Applicant Counsel for Plaintiff/Applicant: We pray for leave to withdraw the Motion for Interim Injunction Order filed on 21/10/2022. By Court – Judgment Having satisfied myself that the Defendant herein has been dully notified of the pendency of this suit after being served with the writ of summons and statement of claim on the 21st day of October 2022, Having carefully ascertained and established that the said Defendant, despite being aware of the suit has since being notified on 21/10/2022 not filed any Entry of Appearance in the matter, And having considered Order 10 R 4 of C. I. 47 as amended, I am satisfied that the Instant Application is one properly brought under Order 10 R 4 of C. I. 47. Judgment in Default of Appearance is accordingly entered in favour of Plaintiff for the reliefs endorsed on the writ of summon. The Defendants is in the circumstances; a) Ordered to vacate from the premises in issue situated at Kwame Asante Avenue West land Legon, Accra. b) Perpetually Injuncted from re-entering the above premises upon his ejectment save by the consent of the Plaintiff. c) Ordered to pay to Plaintiff all rent arrears from 16th September 2022 at a rate of Three Hundred and Fifty Ghana Cedis (GH₵350) per month until the date of his final vacation. d) Ordered to pay all outstanding unity bills with respect to his occupation of the premises in issue. Cost of Three Thousand Ghana Cedis (GH₵3,000) is awarded against the Defendant. (SGD) H/H SEDINAM A. BALOKAH (MS). CIRCUIT JUDGE. Comfy* 2