AKOTO-BAMFO J.: This is an application by the plaintiff-applicant (hereinafter referred to as the plaintiff) for summary judgment under Order 14 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) as amended against the defendant-respondent (hereinafter referred to as the defendant) for the sum of ¢48,506,855.
To appreciate the issues raised, I find it necessary to relate briefly the history of this case. On 19 May 1998 the plaintiff took out a writ of summons for an order for the payment of ¢46,506,855,[sic](3) among other reliefs. When service of the writ and statement of claim was effected on the defendant, a conditional appearance was entered on its behalf on 2 June 1998. On 18 June 1998, the instant application was filed. The defendant filed a defence and an affidavit in opposition.
In urging the court to grant the application, learned counsel for the plaintiff submitted that the defendant approached the plaintiff for a loan facility of ¢15 million to enable it finance the ex…