DATE-BAH JSC.
This is the unanimous judgment of the court.
The facts
Guinness Ghana Ltd, who is the appellant before this court, issued a writ on 23 November 1998 in the High Court against the respondent company, claiming an order for the recovery of certain amounts which the respondent had paid by cheque but which had been dishonoured upon presentation to the drawee bank. The appellant also claimed interest on the amounts owed from 11 December 1997 and 1 January 1998, respectively, until the date of payment. After the respondent's entry of appearance, the appellant issued, on 15 December 1998, a summons for judgment under Ord 14, r 1 of the High Court Rules in force then (ie High Court (Civil Procedure) Rules 1954). On the 16 December 1998, the respondent filed a statement of defence and counterclaim. On 18 January 1999, the summons for summary judgment came on for hearing before Gbadegbe J (as he then was) and he gave judgment against the respondent.
The learned trial judge said:
'I have…