LAW TIP
Default judgments cannot be granted for declaratory reliefs without a proper hearing. The Court must hear legal arguments or evidence before granting declarations even if the other party fails to appear or defend. REPUBLIC v HIGH COURT, WINNEBA EX-PARTE AVOKE (Civil Motion No. J5/45/2018) (31/10/2018)
QUOTE FROM JUDGEMENT
“Aside of the fact that Order 11 rule 6 and Order 13 rule 6 of C.I. 47 on judgments in default of appearance and defence respectively make this point clear, this Court has settled this very issue with regard to the entry of default judgments in declaratory reliefs in the cases of IN RE; NUNGUA CHIEFTAINCY AFFAIRS; ODAI AYIKU IV v THE ATTORNEY-GENERAL (BORKETEY LARWEH XIV-APPLICANT)[2010] SCGLR 413 @ 416; REPUBLIC v HIGH COURT, ACCRA; EX-PARTE OSAFO [2011] 2 SCGLR 966 and REV. DE-GRAFT SEFA & Others v BANK OF GHANA (Unreported Judgment of this Court in Civil Appeal No. 14/51/2014 dated 19th November 2015). In the Rev. De-Graft Sefa case supra, Gbadegbe, JSC expressed the sentiments of the Court in the following words: “the settled practice of the courts is that a declaratory relief cannot be obtained by a motion in the cause but after hearing the parties either by way of legal argument or a full scale trial”. This was an affirmation of the Court’s earlier decisions in the Odai Ayiku and Ex-parte Osafo cases supra, which is a re-statement of the procedure stated in the Volume 37 edition of Halsbury’s Laws of England that; “a declaratory judgment or order should be final, in the sense of finally determining the rights of the parties, but should not be granted in the course of interlocutory proceedings or by way of an interim declaration”. Having failed to take evidence and/or legal arguments from the 1st interested party in proof of his declaratory reliefs before entering judgment against the 2nd and 3rd interested parties in his favour on same in default of both appearance and defence, the trial court seriously erred for which its decision must not be made to stand. This is a clear case where certiorari must lie. In the circumstances, we grant the application for certiorari and order that the judgment of the High Court dated 2nd May 2018 be brought before this Court for the purpose of it being quashed and same is hereby quashed.” Republic Vrs High Court, Winneba Ex-parte; Avoke (Civil Motion No. J5/45/2018) (Kwayera and Others Interested Parties) (31/10/2018)