RULING ON MOTION FOR SUMMARY JUDGMENT
Introduction This ruling is the outcome of a motion on notice for summary judgment filed by the Plaintiffs/Applicants (hereinafter to be called “Plaintiffs”) against the Defendants/Respondents (hereinafter to be called “Defendants”). The Plaintiffs are seeking for summary judgment for all the reliefs endorsed on their Writ of Summons.
Procedural History The procedural history of this case is that the Plaintiff on 2nd June, 2023 took out a writ of summons against the Defendant seeking the following reliefs: (a) An order directed at the Defendant to pay the accrued sum of One Hundred and Twenty seven thousand nine hundred and eighty two Ghana Cedis and Twenty-Eight Pesewas (GHS127, 982. 28) being invested amount and the interest thereon as at the 18th day of October, 2022.
b) Interest on the said amount from the 18th day of October, 2022 to the date of final payment.
c) Damages(d) Cost The Defendants entered appearance to the suit on 3rd August, 2023. Subsequent to the entry of appearance by both defendants, the record will show that only the 1st Defendant filed a Statement of Defence on 7th December, 2023. On the same day counsel for the Defendant filed an application for the misjoinder of the 2nd Defendant.
The said application for misjoinder was granted on 5th February, 2024. Competency of the Application Before I proceed to determine the merits of the application, I find it necessary to determine the issue regarding the competency of the application raised by the defendant in their Affidavit in Opposition filed on 17th April, 2024. The facts circumscribing the competence of the application were deposed to in paragraph 5 and 6 of the affidavit in opposition as follows: 5. That I am advised by Counsel and verily believe same to be true that in an application for summary judgment the reliefs sought by the Applicant must be set out on the face of the motion paper.
6. That I am advised by Counsel and verily believe same to be true that the instant process filed by Applicants is incompetent under the rules of the Honourable Court.
As correctly stated by the deponent in the affidavit in opposition, an examination of motion paper will disclose that counsel for the Plaintiff failed to disclose the reliefs sought in the instant application on the face of the notice.
The Law Counsel for the Defendant in his written submissions submitted that Order 14 rule 2(1) requires that the motion paper shall set out specifically t
