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
2016
COURT OF APPEAL
GHANA
CORAM
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.
J U D G M E N T
AGYEMANG JA:
In this appeal against the judgment of the High Court Accra, the plaintiff/appellant (hereafter referred to alternately as the plaintiff, or the appellant), prays this court for an order setting aside the judgment of the High Court dated 11th day of May 2012. He also seeks an order entering judgment for him.
The appeal is against the judgment of the court below in suit described as: MISCN No. 1646/98, which was commenced by the appellant to set aside a summary judgment entered by the learned trial judge in the suit between the parties titled: Suit No. C.320/95.
These are the antecedent matters:
On 23rd May 1995, the defendant/respondent herein (described alternately as the defendant, or the respondent), sued out a writ of summons against the appellant seeking inter alia, the repayment of the sum of c23,850,000.00 (old Ghana Cedis), owed to the respondent by the appellant. After the appellant entered appearance, the respondent applied for summary judgment on the ground that the former had no defence to the suit. The appellant did not file an affidavit opposing the matters stated in the affidavit in support of the application for summary judgment. He however filed a statement of defence.
At the hearing of the summons, summary judgment was entered for the respondent for the reliefs claimed.
On 5th October 1998, the plaintiff/appellant commenced the aforesaid suit described as 1648/98, claiming that the earlier suit titled Suit No. C320/95 and the judgment upon it, were null and void as it was brought against the defendant in his personal capacity, and not against the company Jamaco Trading Ltd which allegedly entered into the transaction with the respondent. The appellant described himself as Managing Director of the said company.
An application was made in that suit for the summary judgment obtained in Suit No. C 320/95, to be set aside as being null and void. It was unsuccessful. Following a trial ordered by the Court of Appeal to which an appeal against that ruling had been lodged, the learned trial judge dismissed the suit. It is against the dismissal of the said suit that the present appeal has been brought.
The appellant filed two grounds of appeal which we reproduce hereunder:
1. The judgment is manifestly against the weight of the evidence adduced at the trial;
2. The learned trial judge failed to consider the issue of capacity.
The appellant as plaintiff at the court below pleaded that he had been wrongly su