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July 6, 2023
HIGH COURT
GHANA
CORAM
I have perused the affidavit of Pokua Allen-Koufie of Accra the deponent herein, filed on
21st June 2023 in support of Motion on Notice for Summary Judgment. I have heard the
submissions of Tata Kosi Foliba Esq., Counsel for and on behalf of the Applicant herein.
I have noted that even though on 23rd June 2023 the notice of the Application for Summary
Judgment was served on Defendant’s Counsel through his clerk, the Defendant has up
to date, 6th July 2023 not filed any Affidavit in Opposition.
It is my view that the Plaintiff’s claim is clear and the Defendant has not set up any
bonafide defence to the claim neither has the Defendant created a situation indicating
that there are triable issues between the Defendant and the Plaintiff. The Application for
Summary Judgment in respect of relief (iii) is hereby granted as prayed.
Cost of GH¢10,000.00 is awarded in favor of the Plaintiff against the Defendant.
(SGD.)
JUSTICE RICHARD APIETU
(HIGH COURT JUDGE)
AI Generated Summary
In a motion for summary judgment before the High Court, Justice Richard Apietu considered affidavit evidence filed by Pokua Allen-Koufie of Accra in support of the Applicant’s request and heard submissions by counsel Tata Kosi Foliba, Esq. The record shows that the notice of the summary judgment application was served on the Defendant’s counsel through his clerk on 23 June 2023, yet by 6 July 2023 the Defendant had filed no affidavit in opposition. The judge found the Plaintiff’s claim clear and determined that the Defendant had not set up a bona fide defence nor indicated any triable issues. On that basis, the court granted summary judgment in respect of relief (iii) and awarded costs of GH¢10,000 in favor of the Plaintiff against the Defendant.