GANIYU A. MUSTAPHA
V.
NATIONAL INVESTMENT BANK LTD.

(2005) JELR 65435 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/26/2004 ·  8 Jun 2005 ·  Ghana
CORAM
KPEGAH J.S.C. (PRESIDING), ATUGUBA J.S.C., MRS. WOOD J.S.C., DR. TWUM J.S.C., DR. DATE-BAH J.S.C
Core Terms Beta
appellant
defendant
appeal
court of appeal
respondent
evidence
ground of appeal
ruling
such sum
summary judgment
19th march
1st september
29th may
4th september
action
affidavit
appearance
application
cedi equivalent
circumstances
consideration of plaintiff
court
defence
defendants
documentary evidence of admission of liability
former employers
high court
issue of the defendant
judgment
judgments
learned trial judge
liability
lower court
opinion
opposition
plaintiff
pleadings
previous accumulated interest
regard
statement of claim
summons
sum of us
triable issues
triables issues
usual ground
view
weight of evidence
writ
writ of summons

JUDGMENT

DR. TWUM, J.S.C.

On 1st September, 2000, the Appellant issued a Writ of Summons against the Respondent, his former employers, claiming:

"the sum of US $10,000.00 or its Cedi equivalent which the Defendant in February, 2000 under took to pay to the Plaintiff in consideration of Plaintiff waiving all previous accumulated interest thereon."

The writ was followed by a Statement of Claim filed on 4th September, 2000. After the Defendant had entered appearance, the Appellant applied for Summary Judgment on the usual ground that the Defendants had no defence to the action.

The Defendant/Respondent resisted the application for Summary Judgment and deposed in its affidavit in opposition that it did not owe the Appellant any such sum or at all. Further, it deposed that it had never promised to pay the Appellant any such sum as alleged or at all.

The learned trial judge dismissed the summons, holding that there were triable issues. The Appellant was dissatisfied with this ruling and appealed …

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