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January 24, 2023
HIGH COURT
GHANA
CORAM
MOTION ON NOTICE FOR SUMMARY JUDGMENT
The instant application filed on behalf of Plaintiff/Applicant (Applicant) is a motion on Notice for Summary Judgment.
I have read through the Motion Paper, Affidavit in Support and attached annexures; as well as the Affidavit in Opposition to the instant application.
Careful consideration has been given to the various submissions filed on behalf of both parties in moving and in opposing the instant application.
The grounds for the instant application is that despite the Statement of Defence filed by Defendants/Respondents, they (Respondents) have made a part payment of GH¢1,000,000.00 to Applicant.
That under the circumstances Respondent’s Statement in Defence which creates the impression that they have a defence has been superseded by this fact. Hence the prayer that he instant application be granted in respect of the outstanding principal amount of GH¢25 million with interest still accruing.
The grounds of Respondent’s opposition is that the fact that they have made the said part payment to Applicant does not merit the grant of the instant application.
That this is especially so when the amended Statement of Claim that the instant application is premised on had some of its paragraphs struck out and Applicant has failed to effect the resulting amended processes in compliance with the orders of the Court; which is Respondent’s first preliminary legal objection.
Counsel for Respondent in addition to the above preliminary objection also raised another objection as to the propriety of the instant application. This being that, Respondents have filed a Motion on Notice for Leave to amend its defence which ought to be determined before the instant application can be heard by the Court.
I have carefully studied the processes filed and referred to by both Counsel in respect of the instant application as well as the record of proceedings in respect of this matter.
This Court although differently constituted on 18th June 2021 struck out paragraphs 3, 10, 12 and 13 as well as some words in paragraphs 11 and 15 of the amended Statement of Claim which was filed on 21st February 2020 and ordered Applicant to effect the resulting amendments which Applicant has failed to comply with.
Due to the fact that the Re Amended Writ of Summons and Statement of Claim filed on 3rd July 2019 is not the true and proper reflection of amendment of the Statement of Claim as ordered by the Court; and it is this same process (RE Amended Wri
AI Generated Summary
In the High Court before Justice AFI AGBANU KUDOMOR, the Applicant sought summary judgment to recover an outstanding principal of GH25 million plus interest, relying on the Respondents part payment of GH1,000,000.00 despite a defence on file. The Respondents opposed, arguing that partial payment alone does not warrant summary judgment and raising procedural objections. The court had previously, on 18 June 2021, struck out paragraphs 3, 10, 12, 13 and words in paragraphs 11 and 15 of the Applicants amended Statement of Claim filed 21 February 2020, ordering consequential amendments. The Applicant did not comply, and the Re-Amended Writ and Statement of Claim filed 3 July 2019, on which the application was premised, did not reflect the ordered amendments. Additionally, Respondents had a pending motion for leave to amend their defence filed 4 March 2020. The court held the Applicant could not rely on the defective pleadings and that the pending motion must be determined first, and struck out the summary judgment application, awarding GH3,000.00 costs against the Applicant.