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JOSEPH MARTEYE
V.
DORA KARLEY ADOTEY

(2016) JELR 66004 (CA)

Court of Appeal 21 Apr 2016 Ghana
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- The Court of Appeal set aside the summary judgment in Suit No. C320/95 for want of jurisdiction, as the claim was founded on an allegation of fraud and thus excluded from summary judgment procedure under Order 14 Rule 13(c) of LI 1129. -

Case Details

Suit Number:CIVIL APPEAL NO. H1/21/2016
Judges:V.D. OFOE JA (PRESIDING), ACQUAYE JA, AGYEMANG (MRS.) JA
Counsel:MR. AYIKOI OTOO FOR APPELLANT,MR. SAMUEL BOSOMPEM FOR RESPONDENT

JUDGMENT

AGYEMANG JA:

In this appeal against the judgment of the High Court Accra, the plaintiff/appellant (hereafter referred to alternately as the plaintiff,or the appellant), prays this court for an order setting aside the judgment of the High Court dated 11th day of May 2012. He also seeks an order entering judgment for him.

The appeal is against the judgment of the court below in suit described as: MISCN No. 1646/98, which was commenced by the appellant to set aside a summary judgment entered by the learned trial judge in the suit between the parties titled: Suit No. C.320/95.

These are the antecedent matters:

On 23rd May 1995, the defendant/respondent herein (described alternately as the defendant, or the respondent), sued out a writ of summons against the appellant seeking inter alia, the repayment of the sum of c23,850,000.00 (old Ghana Cedis), owed to the respondent by the appellant. After the appellant entered appearance,the respondent applied for summary judgment on the ground t…

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