JUDGMENT
ADJEI-FRIMPONG, JSC:
This appeal involves a simple procedural issue; the power of trial Courts to enter judgment on admissions upon failure of a party to answer a request to admit facts pursuant to Order 23 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47). Could such judgment be entered even in the face of specific denial of the substance of the Plaintiff’s claim on the pleadings? And can such judgment be entered regardless of the nature of the Plaintiff’s reliefs?
The Plaintiff (before us as Plaintiff/Respondent/Respondent) commenced an action in the High Court seeking the following reliefs:
(a) A declaration that the purported sale of the land by the Defendant to the Plaintiff which is situate at North-Labone, Accra and being the subject matter of this suit [was] fraudulently made.
(b) An order for the recovery of USD 600,000 or its equivalent in Ghana cedis at the time of payment plus an additional sum of GHC 80,000 being monies owed by Defendant to the Plaintiff.
(…