K AWA KOHATSU ENTERPRISE LIMITED VS EDWARD DARLINGTON

This is a Ruling on an application brought for and on behalf of the Plaintiff/Applicant hereinafter referred to as the Applicant for Summary Judgment based on admissions/payments made by the Defendant/Respondent hereinafter referred to as the Respondent which was resisted by an Affidavit in Opposition filed by the Respondent challenging the capacity of the Applicant.

FACTS OF THE CASE The Applicant commenced this action by a Writ of Summons dated 11th March, 2020 with suit number GJ/0761/2020 for the reliefs endorsed thereon against the Respondent.

The Respondent entered an Appearance by his Lawyer and caused a Statement of Defence to be filed on his behalf.

The Applicant filed a Reply to the Statement of Defence and on 17th July, 2020 the Applicant filed a Motion on Notice for Summary Judgment which was resisted by an Affidavit in Opposition filed by the Respondent on 12th July, 2020. On 27th January, 2021 the Applicant filed a Motion on Notice for an Order Granting Interest on Money owed and paid Cost of Litigation brought under Order 19 of C. I. 47. The said Motion was resisted by an Affidavit in Opposition filed by the Respondent on 11th February, 2021. On 27th April, 2021 the Applicant filed a Motion on Notice for Summary Judgment based on admission/payments made by Respondent to the Applicant under Order 14 of C. I. 47/Inherent Jurisdiction of the Court.

This was resisted by an Affidavit in Opposition filed by the Respondent on 14th May, 2021 challenging the capacity of the Applicant.

On 9th February, 2023 the Applicant filed a Written Address on the issue of capacity.

THE APPLICANT’S CASE The Applicant says that it is a company incorporated under the laws of Ghana acting by its Managing Director, Solomon Kusi.

In January, 2019 acting through its Managing Director, the Applicant entered into negotiations in respect of a piece of land in Wa which Applicant believed belonged to the Janbrugu family of Wa.

Applicant states that during the negotiations, the Respondent was introduced to the Applicant as Lawyer for the Janbrugu family by one Abubakar Adolf who was a member of the Janbrugu family.

The Applicant avers that, at the close of negotiations at the Law office of the Respondent, it was agreed that the purchase price for the land was GH¢600, 000. 00 and payment was to be made to the Respondent.

At the first meeting in February, 2019 and upon the insistence of the Respondent, a cheque of GH¢200, 000. 00 was issued in the name of the Responde