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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

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.

RULING