Try asking the following...
JUDGMENT
AKUFFO, J.S.C.:
This is an appeal from the judgement of the Court of Appeal, delivered on July 26th, 2001, which:—
a) granted the appeal of the Respondent herein,
b) set aside the High Court’s summary judgement and orders in suit no. 855/97,
c) dismissed the Appellant’s application for Summary Judgement and
d) granted to the Respondent leave to defend the action in the High Court.
Aside from the usual ground that the judgement of the Court of Appeal was against the weight of the evidence, the main ground for the appeal herein is that:—
The Court of Appeal erred in law by dismissing the Appellant’s application for Summary Judgement and granting the Respondent leave to defend, when the defence filed by the Respondent clearly showed that he had no defence in law and no possibility of a real defence on the questions of fact.
The application on which the High Court made its decision was brought under Order 14 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A), as amended by L.I. 1129 of 1977, Rules 1 and 3(1) of which read as follows:—
“1. Where in an action begun by writ a defendant has been served with a Statement of Claim and has entered an appearance, the plaintiff may apply to the Court for judgement against him on the ground that he has no defence to a claim included in the writ, or to a particular part of such a claim, or that he has no defence to such claim or part except as to the amount of any damages claimed.
3(1) A defendant may show cause against the application by affidavit or otherwise to the satisfaction of the Court”
The objective of Order 14 is to facilitate the early conclusion of actions where it is clear from the pleadings that the defendant therein has no cogent defence. It is intended to ‘prevent a plaintiff being delayed when there is no fairly arguable defence to be brought forward.” (See Halsbury’s Laws of England, Fourth Edition, 516). What we are, therefore, required to do in this appeal is to ascertain whether, on the totality of the pleadings and all matters before the High Court at the moment it delivered the Summary Judgement, the Respondent had, demonstrably, any defence, in law or on the available facts, such as would justify his being granted leave to defend the Appellant’s claim.
At the time the Court decided to grant the application, it had on its record the Writ of Summons claiming an order of ejectment from property no. 109, East Cantoments, Accra; rent arrears in the sum of $38,250.00 or its