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Joseph Marteye v. Dora Karley Adotey

2016

COURT OF APPEAL

GHANA

CORAM

  • V.D. Ofoe, J.A. (Presiding)
  • Acquaye, J.A.
  • Agyemang (Mrs.), J.A.

Areas of Law

  • Civil Procedure
  • Contract Law
  • Evidence Law
  • Commercial Law
  • Corporate Law

AI Generated Summary

The appellant sought to overturn a High Court judgment for the repayment of a sum of money, arguing he was wrongfully sued personally instead of the company he represented, Jamaco Trading Ltd. The High Court had granted a summary judgment in favor of the respondent. The appellant claimed the judgment was against the weight of evidence and that capacity issues were not considered. The appellate court found the High Court lacked jurisdiction to enter summary judgment in cases involving allegations of fraud, deeming the initial judgment null and void. The matter was remitted to the High Court for trial, with no orders as to costs.

JUDGMENT