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August 21, 2023
HIGH COURT
GHANA
CORAM
I have listened to the submission by counsel for the Plaintiff/Applicant (hereinafter called the Applicant). I have also gone through the documents filed in this application.
In this case, the Applicant filed the instant application on 23rd June, 2023 for Summary Judgment against the Defendants/Respondents (hereinafter called the Respondents). It was served on the Respondents counsel on 26th June, 2023. The Respondents filed affidavit in opposition on 5th July, 2023. It has been served on the Applicant herein.
The Respondents counsel is not in court today to respond to the Applicant’s application.
However, the court will consider the Respondents affidavit in opposition in this delivery.
After all, a court can even decide to grant or refuse an application based on the documents filed.
Therefore, a motion does not need to be moved formally before it can be granted or refused.
Once the documents are before the court and the return date is due.
See: REPUBLIC v COURT OF APPEAL, ACCRA EX PARTE EASTERN ALLOY COMPANY LIMITED [2007-2008] 1 SCGLR 371 It is the law, that a court will grant summary judgment in a case where the defendant defence does not disclose any legal defence.
Summary judgment can be granted in part or in whole in respect of the plaintiff claims against the defendant.
Therefore, the purpose of summary judgment is to allow a plaintiff to obtain judgment without the case going through formal trial.
See: SANUNU v SALIFU [2009] SCGLR 586 YARTEL BOAT BUILDING COMPANY v ANNAN [1991] 2 GLR 11 ATLANTA TIMBER COMPANY v VICTORIA TIMBER CO.
LTD. [1992] 1 GLR 221 However, what will amount to legal defence in a case will depend on the circumstances of each case.
Again, summary judgment is a judgment on the merits of the case, even though it is obtained by a formal motion without a plenary trial.
It is granted on the simple grounds, that because the defence does not disclose any legal defence, it would be a waste of the court’s time if the case is to go through full trial.
See ASAMOAH v MARFO [2011] 2 SCGLR 832 In this case, counsel for the Applicant submitted that the Respondents’ defence does not disclose any legal defence.
Therefore, the court should grant the Applicant claims by way of summary judgment.
The Respondents in their affidavit in opposition to the application have raised the issue of capacity of the Applicant to initiate the action in the first place.
They have also raised the issue, that the Applicant has no cause of a
AI Generated Summary
The High Court, presided over by Justice Francis Obiri, decided an application for summary judgment filed by the Plaintiff/Applicant on 23 June 2023 against the Defendants/Respondents. The application was duly served on 26 June 2023, and the Respondents filed an affidavit in opposition on 5 July 2023. Although Respondents’ counsel did not appear, the court proceeded on the basis of the filed documents, noting that motions need not be formally moved when the papers are before the court and the return date is due. The court reiterated the principles governing summary judgment, including its purpose and the requirement that the defence disclose no legal defence. However, the Respondents’ opposition put the Applicant’s capacity to sue and cause of action in issue. Treating capacity as a threshold matter, the court refused to reach the merits and dismissed the application, with no order as to costs.