FREDERICK NSOBILA ABAYETA & ANOR VS SUCASA PROPERTIES GHANA LTD.
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE SHEILA MINTA
Areas of Law
- Civil Procedure
- Contract Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiffs moved for summary judgment against the Defendant, citing the lack of a valid legal defense. The Defendant's claims of an oral agreement and economic hardship were found insufficient, especially given the SPA's requirement for written communication. The Defendant's Counsel failed to appear in court or file an opposing affidavit. The court, referencing the case of Sam Jonah vrs. Duodu Kumi, found no triable issues and granted summary judgment in favor of the Plaintiffs, awarding recovery sums and interest.
COUNSEL FOR PLAINTIFFS: My Lady, I have before a motion on notice for summary judgment against the Defendant under Order 14 of C. I. 47. I move in terms of the motion paper, the supporting affidavit, the supplementary affidavit and the annexures.
It may interest you to know that we are moving this application because the Defendant/Respondent, per their pleadings have demonstrably no defence in law on the available facts such as will justify their being granted leave to defend the claims of the Plaintiffs.
They state among others in their statement of defence that in the course of time there was an oral agreement for them to refund the amount in six (6) months’ time, besides the fact that they did not indicate the reference for the counting of the six months.
It is clear, per paragraph 12 of the Sales and Purchase Agreement (SPA) between the parties, that any notice or communication in connection with the said agreement shall be in writing and in English.
It is surprising therefore for Counsel for Defendant to be heard as saying there was an oral agreement between the parties.
Also, they argued in their statement of defence that because economic circumstances things went bad.
That is not a defence enough, in the sense that, both parties are all equally exposed to economic circumstances.
In fact, the Defendant gained more advantage than the Plaintiffs by mitigating its risk against any economic circumstances by obtaining payments in foreign currency.
In Sam Jonah vrs. Duodu Kumi [2003/2004] 1 SCGLR, 50 at page 54, the Supreme Court per Akuffo JSC, had the cause to pronounce on the essence of summary judgment as “the objective of Order 14 is to facilitate the early conclusion of an action, where it is clear from the pleadings that the Defendant has no cogent defence”. In fine, we will like to submit that the impression given by the Defendant to this Court that the Plaintiff knew of any agreement which they have relied on it to their detriment is incorrect.
I therefore submit that the application be granted in our favour.
Humbly submitted, my Lady.
FINAL JUDGMENT 1. This is an application of the Plaintiffs/Applicants filed on 20th February, 2024 praying the Court to enter Summary Judgment in favour of the Plaintiffs against the Defendant per the reliefs endorsed on the claim of the Plaintiffs.
The said application and supplementary affidavit of the Plaintiffs have been duly served on Counsel for the Defendant per the record.
2. It was at the in