HMD-FOREWIN GHANA LIMITED vs McTETTEH SAMUEL YEMO
May 3, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS).
Areas of Law
- Civil Procedure
- Employment Law
May 3, 2023
HIGH COURT
GHANA
CORAM
RULING ON MOTION FOR AN ORDER OF JUDGMENT ON ADMISSION
The court has considered the submissions of both counsel on the present application and had also considered the pleadings of the parties and is of the opinion that it would not be proper to grant this application since the defendant has clearly denied in his statement of defence that he has breached the employment contract that existed between him and the plaintiff/applicant.
There is therefore the need for evidence to be led at trial to enable this court determine the issues in controversy as between the parties.
The present application is thus refused and there is no award of cost against the applicant.
The substantive matter is to take its normal course.
(sgd. )JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT
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AI Generated Summary
Her Ladyship Justice Ananda J. Aikins (Mrs), sitting in the High Court, determined a procedural motion by the plaintiff/applicant seeking an order of judgment on admission in an employment-related dispute with the defendant. After considering submissions from both counsel and reviewing the parties’ pleadings, the court found that the defendant’s statement of defence expressly denies breaching the employment contract between the parties. In the absence of unequivocal admissions of material facts, the court concluded it would be improper to summarily dispose of the case. The court therefore emphasized that evidence must be led at trial to resolve the issues in controversy between the parties. Accordingly, the application was refused, no costs were awarded against the applicant, and the substantive matter was directed to proceed in the ordinary course to trial.