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EASTERN QUARRIES LIMITED
V.
MENDANHA & SOUZA LIMITED

(2020) JELR 108246 (HC)

High Court 23 Jan 2020 Ghana
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- The case was initiated on 08-06-2017 with the plaintiff/applicant seeking recovery of GH¢83,876.85, with interest. - The defendant/respondent had paid part of the debt with two cheques, leaving an outstanding balance of GH¢44,876.85. - Th

Case Details

Suit Number:SUIT NO. GJ/866/2017
Judges:NICHOLAS M. C. ABODAKPI, J
Counsel:1. YAW ODEI OSE WITH MS. KELLY SERWAH KWAKYE HOLDING BRIEF FOR WILLIAM ADDO FOR THE PLAINTIFF PRESENT - PRESENT. 2. NUTIFAFA NUTSUKPUI FOR THE DEFENDANT – ABSENT.

RULING

ABODAKPI, J.

The action in which the motion to sign summary judgment has been made was  initiated on 08-06-2017 with the request for recovery of GH¢83,876.85, with  interest as reliefs. 

Pleadings have been filed as shown by the record. 

On 27-11-2019, the motion for summary judgment was filed by Plaintiff/Applicant  herein [hereafter referred to as Applicant]. 

There is a supplementary affidavit in support, filed on 13-01-2020. The reliefs  sought in the motion are the same as those on the Writ of Summons. 

The deposition in support showed that Defendant/Respondent [herein after referred  to as Respondent] in two cheques with the face value of GH¢39,000.00 and  GH¢15,000.00, has paid part of the debt leaving GH¢44,876.85 as the outstanding  balance. 

In the supplementary affidavit Exhibits ‘A’ and ‘B’ have been tendered as  evidence of payment made. 

On the other hand, Respondent averred that defence has been filed and that an  order for accounts has been made by this Court. It h…

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