GANIYU ANINSON MUSTAPHA
V.
NATIONAL INVESTMENT BANK LTD

(2003) JELR 65625 (CA)    
Court of Appeal  ·  COURT OF APPEAL NO.: 103/2002 ·  29 May 2003 ·  Ghana
CORAM
OWUSU-ANSAH JA (PRESIDING), ANINAKWAH JA., ASIAMAH JA
Core Terms Beta
plaintiff
appellant
defendant
action
high court
order
summons
applicant
claim
facts
suit
civil procedure
diem allowance
issues
law
notice of withdrawal
rules
summary judgment
writ
12th october
affidavit
anterial suit
appellant civil motion
consequence of the appellant
dispensation of justice
eventual purpose of order
example of a situation
following facts
infraction of the rules of procedural law
inter alia
interlocutory appeal
issue
jural necessity
legal process
legal status of the present action
material infraction of order
prerequisite
proper case
purpose
recovery of us
relevant claim
reliefs
ruling of the trial
said notice of withdrawal
state
suit no. c.753
supportive authority
withdrawal of suit no. c.757
written form

ASIAMAH, JA

This is an interlocutory appeal brought by the Plaintiff/Appellant against the ruling of the trial High Court to the effect that this is not a proper case where the Plaintiff/Appellant Civil Motion can secure summary judgment under Sections 1 and 2 of Order 14 of the High Court (Civil Procedure) Rules, 1954 (LN 140A) as amended by LI 1129.

To obtain judgment under this Order the applicant is required as of jural necessity and prerequisite to state the following facts in his summons:—

(1) The reliefs sought by him;

(2) An affidavit verifying the facts on which his claim or part of it is based; and that

(3) In his relief the default has no defence to his claim or part thereof.

The appellant had no difficulty in stating the relief under (1) and (3) above. He is seeking the recovery of US $10,000 being as he stated in both the indorsement to his writ and summons for summary judgment "long outstanding overseas per diem allowance due from Defendant to plaintiff during his employment w…

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