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RULING
The action in which the motion to sign summary judgment has been made was initiated on 08-06-2017 with the request for recovery of GH¢83, 876. 85, with interest as reliefs.
Pleadings have been filed as shown by the record.
On 27-11-2019, the motion for summary judgment was filed by Plaintiff/Applicant herein [hereafter referred to as Applicant]. There is a supplementary affidavit in support, filed on 13-01-2020. The reliefs sought in the motion are the same as those on the Writ of Summons.
The deposition in support showed that Defendant/Respondent [herein after referred to as Respondent] in two cheques with the face value of GH¢39, 000. 00 and GH¢15, 000. 00, has paid part of the debt leaving GH¢44, 876. 85 as the outstanding balance.
In the supplementary affidavit Exhibits ‘A’ and ‘B’ have been tendered as evidence of payment made.
On the other hand, Respondent averred that defence has been filed and that an order for accounts has been made by this Court.
It has been stated that the accounts presented by Applicant to the Respondent not legible and Exhibit ‘MN’ has proffered in support.
The Respondent alleged a request was made for a clearer version of the document, but Applicant failed to give same to them.
Secondly, Respondent contended that, the application to sign summary judgment is pre-mature.
Thirdly, it is Respondent’s case that there are triable issues, as they have a good defence to the action.
EVALUATION The record showed that on 08-11-2018, counsel for Applicant William Addo [with Kelly Serwah Kwakye] representing Plaintiff, moved this Court for Direction to be taken.
Thereafter, this Court accepted issues in the Application for Direction filed on 23-01-2018, as the triable issues.
The Court ordered Audit of the accounts of parties and Director of Audit, Judicial Service was appointed as such Auditor.
This Court gave twenty-one [21] days to parties to submit records to the Auditor for the work to be done.
It is apparent, the Audit has not been done, the reasons for non-compliance have not been fully established.
But Exhibit ‘MN’ annexed by Respondent appear to be a statement of accounts between parties.
It is contended that the document is not legible and a clearer copies were denied them.
Thus two issues arise, namely can a party apply for summary judgment in respect of triable issues in the Application for Direction when there is a pending audit/report on the subject matter of the litigation.
Secondly, are the paymen