ISAAC OYORTEY SACKITEY vs NATIONAL TRUST HOLDINGS CO. LTD.

The Court has heard an application for summary judgment pursuant to Order 14 C.I. 47. The law is clear that the Plaintiff must demonstrate that there are no triable issues in order for such an application to succeed. The Defendant is disputing the amount that the Plaintiff claimed that it owes. The Defendant is also challenging Exhibit ‘1’ which is the statement of account. Exhibit ‘1’ is unsigned document and therefore in law, inadmissible. If the Plaintiff claims that one Robert Mensah generated that document, then the said Robert Mensah should have been put in the box to testify since anybody at all can generate a document in somebody’s name. The Court is of the opinion that, the main triable issue goes to how much the Defendant owes the Plaintiff. Therefore, the Court would refuse the application and order that parties go into account whilst the suit takes its normal course which is for parties to attempt pre-trial settlement.

(SGD)

H/L JANE HARRIET AKWELEY QUAYE (MRS.)

(JUSTICE OF THE HIGH COURT)

R.A.