GHANA OIL COMPANY LIMITED VS RELIANCE LOGISTICS & CONSTRUCTION LIMITED
October 19, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JANE HARRIET AKWELEY QUAYE (MRS.)
Areas of Law
- Civil Procedure
October 19, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Her Ladyship Jane Harriet Akweley Quaye (Mrs.), considered an application for summary judgment brought by the Plaintiff/Applicant against the Defendant/Respondent. After hearing counsel for both sides, the Court restated the governing standard: an applicant must show there are no triable issues because the defendant has no defence, while the respondent bears the onus to demonstrate triable issues warranting a trial. On the evidence, the Respondents affidavit in opposition admitted the debt central to the claim and merely sought amicable settlement, without articulating any substantive defence or factual dispute. Finding that the Respondent failed to raise a triable issue, the Court granted summary judgment based on the evidence before it, encouraged post-judgment settlement discussions, and awarded costs of GHC 5,000 in favour of the Plaintiff/Applicant against the Defendant/Respondent.
By Court: The Court has heard the submissions by both Counsel for and against the grant of the application for Summary Judgment. What needs to be satisfied by the Applicant upon such an application is that there are no triable issues because the Defendant has no Defence to the action. The Defendant/Respondent in the other vein has the onus of proving that there are triable issues which ought to be determined at a trial and therefore there is no need for the grant of the application for Summary Judgment. In the matter before me, the Affidavit in Opposition admits the debt in question and the Respondent is only asking for amicable settlement. The Court will therefore grant Summary Judgment based on the evidence before it and still encourage Post-Judgment settlement. Costs of GHC 5,000.00 awarded in favour of the Plaintiff/Applicant against the Defendant/Respondent.
(SGD.)
H/L JANE HARRIET AKWELEY QUAYE (MRS.)
(JUSTICE OF THE HIGH COURT)
R.A.