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JUDGMENT
The present Motion seeks Summary Judgement against the Defendant in
respect of the reliefs endorsed on the Plaintiff’s “Re-amended Writ” in terms
of Order 14 of the High Court Civil Procedure Rules, 2004 (CI 47).
By its “Re-amended Writ and Statement of claim” filed on the 30th of
December, 2022, the Plaintiff seeks the following reliefs against the
Defendant;
a) The principal sum of One million and Four Thousand, Nine Hundred
and Ninety -Eight Ghana cedis and Seventy pesewas (GH¢
b) Accrued interest on the facility, which presently stands at Three Million,
Six Hundred and Thirty-One Thousand, One Hundred and FortyTwo Ghana Cedis and Twenty–Four pesewas (GH¢ 3,631,142.24) as at
31st May, 2022 calculated on 31% and continuing to date of final payment
c) Penal Interest charges (interest rate plus a margin of 10%) as per the terms
on the balance outstanding to date of final payment.
d) An order specifying the time within which the judgment of this Court
should be complied with
e) Costs
The record shows that the Defendant was, on the 13th of January 2023 served
with the said Re-amended statement of Claim. However, in keeping with
its conduct from the inception of the suit, the Defendant has, as at the date
of hearing the instant Application, failed to file a defence to the claim. As is
obvious Order 11 rule 2 of CI 47 the time for filing a statement of defence
has long elapsed.
That being said, it is clear from a reading of Order 14 that a Plaintiff may
apply for Summary Judgement whether or not a Defence has been filed. A
Defendant may also (whether or not a Defence has been filed) show cause
in terms of Order 14 (3) against the Application by affidavit or otherwise. It
is however significant to note that, the said provision requires that cause
shown by Defendant must be to the satisfaction of the Court.
In the case at hand, the Defendant upon being served with the Plaintiff’s
motion for Summary Judgement filed in response, a process entitled
“AFFIDAVIT IN OPPPOSITION TO MOTION FOR JUDGEMENT IN
DEFAULT OF DEFENCE”. I have carefully examined the processes on
record and unable to fathom any reason for Defendant responding to an
Application for Summary Judgement with an affidavit opposing the grant
of Judgement in Default of Defence.
It should be quite obvious from a reading of Plaintiff’s Application that the
same is brought, not because the Defendant has failed to file a defence but
because Plaintiff contends that Defendant