ISAAC AUGUSTUS ANTWI VS SUMMIT INDUSTRIES LIMITED
April 26, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ANANDA J. AIKINS (MRS).
Areas of Law
- Civil Procedure
- Employment Law
April 26, 2023
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice Ananda J. Aikins (Mrs), sitting in the Ghana High Court, granted a claimant’s application for summary judgment under the High Court (Civil Procedure) Rules, 2004. After considering counsel’s submissions, the parties’ affidavits, pleadings, and exhibits, the court held the opposing party’s defence presented no triable issue. The judge entered judgment for GH¢342,532.36 with pre- and post-judgment interest, awarded GH¢67,500 as three months’ salary in lieu of notice of termination of employment, GH¢53,000 representing a payment made on 1 October 2021, GH¢17,386.24 as compensation for accrued leave days, and GH¢36,000 as reimbursement for vehicle maintenance. All interest was set at the current bank rate, and costs of GH¢8,000 were awarded.
RULING ON APPLICATION FOR SUMMARY JUDGMENT
I have considered the submission of both counsel on this application and also considered the affidavits of both parties and the attached exhibits.
I have also adverted my mind to the pleadings of both parties in their statements of claim and defence respectively and I am of the opinion that this is a fit and proper case for the grant of an order of summary judgment against the defendant herein because the defence put up by the defendant is really no defence at all.
Indeed a careful perusal of all the exhibits attached to the plaintiff’s application shows that the defendant is clearly liable for all the claims made by the plaintiff.
Therefore in accordance with order 14 rule 1 and also order 1 rule 1 (2) of the High Court (Civil Procedure) Rules of 2004, I enter judgment in favour of the plaintiff against the defendant as follows: (1) Judgment is entered on the sum of Three hundred and forty –two thousand, five hundred and thirty-two Ghana Cedis and thirty-six pesewas(GH¢342, 532. 36 )(2)Interest is also awarded on this sum from January, 2018 to date of judgment and thereafter post judgment interest till date of final payment.
3)Judgment is entered on the sum of sixty-seven thousand, five hundred Ghana Cedis (GH¢67, 500. 00) being 3 months salary in lieu of notice of termination of employment.
4)Interest on the amount of GH¢67, 500 from September, 2022 till date of final payment.
5)Judgment is entered on the sum of GH¢53, 000. 00 being the payment made by the plaintiff into the defendant on 1st October, 2021.
6)Interest is awarded on the GH¢53, 000 from October, 2021 till date of final payment.
7)Judgment is entered on the sum of GH¢17, 386. 24 being compensation for accrued leave days.
8)Judgment is entered on the sum of GH¢36, 000. 00 being the reimbursement of the amount spent on vehicle maintenance.
All interests awarded is at the current bank rate.
Cost of GH¢8, 000. 00 is also awarded the plaintiff against the defendant.
(SGD. )JUSTICE ANANDA J. AIKINS (MRS) JUSTICE OF THE HIGH COURT