ALPHA LOTTO LTD & ORS v. YAW ASARE
2022
COURT OF APPEAL
GHANA
CORAM
- A. M. DOMAKYAAREH (MRS) J. A. PRESIDING
- B. POKU-ACHEAMPONG, J. A.
- E. BAAH, J. A.
Areas of Law
- Civil Procedure
2022
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Ghana Court of Appeal, per Justice Alex B. Poku-Acheampong with Justices Angelina M. Domakyaareh (presiding) and Eric Baah concurring, allowed the appeal of a lotto company (the 1st Defendant/Appellant) from a Kumasi High Court’s summary judgment. The Respondent, a Kumasi lotto coupon seller, claimed GH54,600 as the unpaid balance of winnings after the Appellant’s agent paid GH25,400 on a GH80,000 win. The High Court struck out the Appellant’s defence and entered summary judgment, citing Order 11 rule 18. On appeal, the Court held the trial judge wrongly exercised discretion by striking out a defence that raised triable issues, and further erred by entering summary judgment without a formal application under Order 14. Emphasizing Article 296 and cautionary authorities, the Court set aside the judgment and remitted the case for trial.
POKU-ACHEAMPONG, J.A.:
This is an appeal by the 1st Defendant/Appellant (hereafter called the “Appellant”) against the summary judgment of a Kumasi High Court dated the 18th day of May 2020.
Background:
The Plaintiff/Respondent (hereafter referred to as the Respondent) issued a Writ of Summons against the Appellant and two other Defendants on 12th December, 2019 and amended same on 19th December, 2019 claiming jointly and severally the following reliefs:
Recovery of an amount of GhC54,600.00
Interest on the said amount from 12th October, 2019 at the prevailing bench (sic) rate.
Any further order(s) that the court may deem fit.
On 12th February 2020 the Appellant entered appearance to the action but failed thereafter to file a defence to the suit. The Respondent then brought an application for judgment against the 1st and 3rd Defendants in default of defence on 13/3/2020.
The 1st Defendant/Appellant upon service of the said application, filed its Statement of Defence on 20/3/2020.
The Counsel for the Respondent on 27th March, 2020, the return date of the motion, withdrew his application against the Appellant subject to cost of GHC1,000.00.
The Learned Trial Judge stated that he wanted to study the defence of the Appellant and adjourned the matter to 18/5/2020.
On 18th May, 2020 the Trial Judge struck out the defence of the Appellant and entered summary judgment on behalf of the Respondent with cost of GHC 3,000.00 awarded against the Appellant.
The Appellant dissatisfied and aggrieved by the said summary judgment on 12/06/2020 filed a Notice of Appeal with the following grounds:
The Trial Judge wrongly exercised his discretion when he suo motu struck out the 1st Defendant/Appellant’s Defence.
The Trial Judge erred when he summarily held that the 1st Defendant is liable to the Plaintiff to the sum of ¢54,600.00.
Further grounds of appeal would be filed upon the receipt of the record of proceedings.
We must indicate that no further grounds of appeal were filed by the Appellant.
The sole relief the Appellant is seeking from this Honourable Court is a reversal of the judgment of the High Court.
Facts of the case
The facts of this case are relatively simple and straightforward. The Respondent avers that he was a lotto coupon seller based in Kumasi and among other things sells lotto coupons belonging to the 1st Defendant Company (Appellant herein). The Appellant is a lotto company registered under the laws of Ghana with agents in Kumasi and all