Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

INSPECTOR-PLASTICO MOULDS LTD v. ATICO LTD.

October 9, 1967

HIGH COURT

GHANA

CORAM

  • AMISSAH J.A

Areas of Law

  • Civil Procedure
  • Commercial Law
  • Contract Law
  • Banking and Finance Law

AI Generated Summary

Amissah J.A. determined an application for final judgment in a suit on a bill of exchange brought after the defendants appeared to a specially endorsed writ. Although Order 14 rule 3(a) required a supporting affidavit, the defendants filed a defence; the court emphasized that procedural rules must be obeyed but, for this motion, treated the defence as the requisite affidavit. Evaluating whether a triable defence existed, the court held that the defendants’ allegations regarding a defective jewel mould did not amount to fraud or denial of material bill facts under Order 21 rule 2, nor establish total failure of consideration between immediate parties—especially where the bill’s face value significantly exceeded the mould’s cost and no link of consideration was pleaded. Citing English authorities, the court refused leave to defend, granted the plaintiffs leave to sign final judgment, and directed that the counterclaim proceed separately.

JUDGMENT