Most people imagine a lawsuit as a long process involving lawyers, witnesses, cross-examination and a judge delivering a decision after hearing both sides.
But sometimes, a case can move in a very different direction.
In fact, it is possible to have judgment entered against you before the court ever hears your side of the story.
How?
By doing nothing.
When a person is served with a writ of summons, the law expects them to respond within a specified period if they intend to defend the action. In Ghana, a defendant who wishes to contest a claim must generally enter an appearance within eight days after being served – Order 10 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47).
Entering an appearance is simply a formal way of telling the court:
“I have received the writ, and I intend to take part in the case.”
What happens if the defendant ignores the writ?
The plaintiff may apply for judgment in default of appearance.
In simple terms, the plaintiff is asking the court to grant judgment because the defendant failed to take the first procedural step required to defend the action.
This rule serves an important purpose.
Imagine filing a lawsuit against someone who has been properly served, only for the person to ignore every document and refuse to participate in the proceedings.
If the court could do nothing until the defendant decided to respond, some cases might never move forward.
The rules therefore allow a plaintiff to proceed where a defendant has failed to enter an appearance within the prescribed time.
Of course, this does not mean that every case automatically results in default judgment the moment eight days pass. The plaintiff must still follow the proper procedure and satisfy the court that the requirements have been met.
There are also important exceptions.
For example, special considerations apply where the defendant is an infant or a person of unsound mind. The law recognises that such persons may require additional protection before judgment can be entered against them.
Similarly, particular rules apply where the plaintiff is a moneylender seeking to recover money arising from a money-lending transaction.
These exceptions reflect a broader principle: while the law expects people to respond to court proceedings, it also recognises that certain categories of defendants require additional safeguards.
The practical lesson, however, is straightforward.
If you are served with a writ of summons, do not assume that ignoring it will make it disappear.
It won’t.
The court system is designed to move cases forward, not to wait indefinitely for a defendant to decide whether to participate.
And that is why one of the most expensive mistakes a defendant can make is to treat a writ as though it were just another piece of paper.
Because sometimes, the quickest way to lose a case is not to defend it at all.