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JOSEPH MARTEYE v. DORA KARLEY ADOTEY

2016

COURT OF APPEAL

GHANA

CORAM

  • V.D. OFOE, JA (PRESIDING)
  • ACQUAYE, JA
  • AGYEMANG (MRS.) JA

Areas of Law

  • Civil Procedure

AI Generated Summary

The appellant appealed against a High Court ruling dismissing his application to set aside a summary judgment in a debt recovery suit. The initial judgment was based on a personal debt claimed by the respondent, which the appellant argued was actually a debt of his company, Jamaco Trading Ltd. The Court of Appeal identified a jurisdictional issue, stating that the High Court judge should not have entered a summary judgment in a case involving allegations of fraud. The appeal was allowed on this ground alone, and the matter was remitted to the High Court for trial. No order as to costs was made.

JUDGMENT