GH - W.B. IMPEX LIMITED v. HON. BABA JAMAL & AMINU SOWDOGOR IBRAHIM

RULING

i. Introduction:

[1] By a writ of summons issued on July 22, 2015 the Plaintiff claims against the Defendants jointly and severally the following reliefs:

Payment of the sum of One Hundred and Thirty-Nine Thousand Six Hundred and Twenty Nine Dollars Fifty Cents (US$ 139, 629.50) or its cedi equivalent being an outstanding debt due and owing from the Defendants to the Plaintiff Company per the Credit Sale Agreement executed between the parties on or about the 27th day of January 2014 and then 4th day of March 2014 respectively.

Interest on the said amount US$ 139, 629.50 the rate of 5% compounded as specified in the Credit sale Agreement from the 15th day of June 2015 till date of final payment.

An order of this Honourable court for seizure and preservation of the Foton Tipper Truck with Registration Number GT6390-14 and the Kinglong Bus Registration Number GT4977-14 pending the final determination of this action.

Costs.

Any further or other reliefs.

[2] The Plaintiff has brought the instant motion for Summary Judgment on the grounds that the Defendants are truly indebted to the Plaintiff and they have no defence to the action. The Defendants are praying the Court to dismiss the application on grounds of prematurity. The Defendants further say that there are triable issues for the Court to resolve. According to them the issues cannot be resolved in this application because the Court ought to hear from the parties in order to understand and appreciate the evidence in order to do justice to the parties.

[3] In contrast, the Plaintiff says that it is the Defendants who are using the Court system to evade meeting their contractual responsibility. The Plaintiff contends that this case can be resolved solely on the basis of the affidavit evidence and the pleadings. The Plaintiff says that there is no need for time-consuming and expensive trial in view of the Defendants’ initial position which led to the reconciliation of the parties’ account.

[4] The Supreme Court per Sophia Akuffo JSC (as she then was) laid out the law in the case of SAM JONAH v LORD KUMI DUODU (2003-2004) SCGLR 50 with regards to summary judgment pursuant to Order 14 of C.I. 47 to be that:

“The objective of Order 14 ……is to facilitate the early conclusion of action where it is clear from the pleadings that the defendant has no cogent defence. It is intended to prevent a plaintiff being delayed when there is no fairly arguable defence to be brought forward.”

The questi

RULING

i. Introduction:

[1] By a writ of summons issued on July 22, 2015 the Plaintiff claims against the Defendants jointly and severally the following reliefs:

Interest on the said amount US$ 139, 629.50 the rate of 5% compounded as specified in the Credit sale Agreement from the 15th day of June 2015 till date of final payment.

Costs.

Any further or other reliefs.

The questi

W.B. IMPEX LIMITED v. HON. BABA JAMAL & AMINU SOWDOGOR IBRAHIM

Areas of Law

RULING