Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

FRANK AYITEY v. JULIANA QUAYE

2004

COURT OF APPEAL

GHANA

CORAM

  • ESSILFIE BONDZIE JA (PRESIDING)
  • OWUSU-ANSAH J.A
  • OSEI JA

Areas of Law

  • Civil Procedure
  • Contract Law

AI Generated Summary

Juliana Quaye, a prophetess in Darkuman, was sued by a trader who claimed to have paid her USD $3,000 for transmission to visa contractor Kwabena Ofori to secure a United States visa, seeking money had and received, interest, and costs. Proceeding under Order 14, the High Court granted summary judgment, terming the defence frivolous. On appeal, OSEI JA held that the defendant’s affidavit raised triable issues: whether Quaye was the contracting party responsible for the funds or merely a custodian for Ofori, and whether interest should run from a single date given three instalments. Citing Jacob v Booth’s Distillery, Sheppards & Co v Wilkinson & Jarvis, and J.G. Sarkies v Timber & Co, the Court of Appeal emphasized that summary jurisdiction must be used with care and that defendants should not be shut out where a defence may exist. The appeal was allowed and the case remitted for trial.

JUDGMENT