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DR. MARTINSON ASIEDU ANSAH & ANOR.
V.
CLEMENT EDEM AGBENYO & ANOR.

(2022) JELR 109933 (HC)

High Court 8 Mar 2022 Ghana
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- The Plaintiffs/Applicants filed a motion for summary judgment under Order 14 of C.I. 47 on May 11, 2021, arguing that the Defendants/Respondents have no defense to the action. - The Defendants/Respondents opposed the application, assertin

Case Details

Suit Number:BDC/0842/2020
Judges:HIS LORDSHIP FRANCIS OBIRI J.
Counsel:SUSALEE ASAA ASARE FOR PATRICK AMATEY SOGBODJOR FOR PLAINTIFFS/APPLICANTS; JOYCELYN FRIMPOMAA MARFO FOR JOHN DARKO FOR THE DEFENDANTS/RESPONDENTS.

RULING

OBIRI J.

On 11 May, 2021, the Plaintiffs/Applicants (hereinafter called the Applicants) filed a motion on notice for summary judgment under Order 14 of C.I. 47. The Applicants per their motion paper are praying the Court for summary judgment against the Defendants/Respondents (hereinafter called the Respondents) on the grounds, that the Respondents have no defence to the action.  The Applicants supported their motion with affidavits and exhibits. The Respondents resisted the application by filing affidavit in opposition.  They prayed the Court to dismiss the application because, they have defence to the Plaintiffs action.

Counsel for both parties’ filed their respective legal submissions for and against the application.  It is now my duty to make a determination one way or the order in this application. The purpose of summary judgment under Order 14 of C.I. 47 is to allow a Plaintiff to obtain judgment summarily without necessarily going through trial, in a situation where the Def…

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