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RULING
By its amended Writ of Summons, the Plaintiff seeks the following reliefs from this Court:
a) The payment of Ten Thousand, One Hundred and Ninety-Seven United States Dollars, Fifteen Cents (US$10,197.00) or its cedi equivalent as outstanding gross rent owed by the Defendants as at the 30th of April 2016 until the final determination of the matter
b) The payment t of Sixteen Thousand Three Hundred and Ninety-Eight Ghana Cedis, (GH¢ 16,398.00) as outstanding cost of Utilities owed by the Defendants as ta the 30th of April until final determination of the matter
c) Interest on reliefs (a) and (b) at the prevailing bank rate until date pf final payment
d) An order specifying the time limit within which the Judgement of the Court should be complied with.
In their affidavit in opposition to the Motion, the Respondent’s case is that the grant of the present application will deprive the Respondent of the Opportunity to be heard or to demonstrate through a plenary trial that the Plaintiff cannot reasonably contend that the Defendant are indebted to it. In my view Counsel for Respondent appears to be under a Misapprehension that a reconciliation will only arise when a debt is admitted
A reading of Order 28 however shows that this is not the case.
That said, having read the Pleadings filed in this matter, I am the considered opinion that they raise serious issues of law and fact which require determination through plenary trial. I will therefore decline the Plaintiff’s prayer for reconciliation of accounts at this stage of the litigation. The Application is accordingly refused.
(SGD)
AKUA SARPOMAA AMOAH (MRS.)
JUSTICE OF THE HIGH COURT