GLICO CAPITAL LTD & ANOTHER vs

This is a motion on notice for summary judgment. I have read through the motion paper, affidavit in support, the supplementary affidavit in support and attached exhibits.

I have given careful consideration to the submissions by Counsel for Plaintiffs/Applicants and Defendant/Respondent in support of and in opposition respectively to the instant application.

The grounds for opposing the instant application is that Defendant/Respondent has a reasonable defence to the action. That the pleadings disclose serious triable issues which cannot be disposed of by mere affidavit evidence.

Although the Defendant/Respondent did not file an affidavit in opposition to the instant application; the Court has carefully studied the amended statement of defence filed on 7th December, 2021.

This Court is of the opinion that the said amended statement of defence discloses a reasonable defence. In other words, the said defence discloses triable issues to be determined on merit by the trial Court.

In summary, the instant application does not meet the requirements provided in Order 14 Rule 1 of CI 47; which was applied by the Supreme Court in the case of SAM SOWAH VRS LORD KUMI DUODU [2003 – 2004] SCGLR 50.

It is for this reason that the instant application be and is hereby dismissed.

Cost of Two Thousand Ghana Cedis (GH¢2,000.00) is awarded against the Plaintiffs/Applicants for Defendant/Respondent.

(SGD)

AFI AGBANU KUDOMOR

JUSTICE OF THE HIGH COURT