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M & K GHANA LIMITED
V.
BEIGE BUSINESS SOLUTIONS

(2020) JELR 107330 (HC)

High Court 8 Jun 2020 Ghana
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- The Applicant filed a motion for summary judgment against the Respondent under order 14 of C.I. 47/04. - The Respondent filed a response to the motion. - The Writ of Summons was filed by the Applicant seeking recovery of GH¢146,035.00 wit

Case Details

Suit Number:GJ/709/2019
Judges:NICHOLAS M. C. ABODAKPI
Counsel:SAMUEL ALESU-DORDZI HOLDING BRIEF OF DAVID ADUTUTU FOR THEPLAINTIFF/APPLICANT – PRESENT. CHARLES ANDOH FOR DEFENDANT/RESPONDENT - PRESENT

RULING

ABODAKPI, J.

The motion on notice to summary judgment against Defendant/Respondent herein [Respondent hereafter] by Plaintiff/Applicant herein, [hereafter the Applicant] was filed on 27-04-2020, under order 14 of C.I. 47/04.

There is affidavit in support with EXHIBIT ‘TAA1 -10’ as annexures.

The Respondent on 05-06-2020 has filed a response.

The Writ of Summons taken from the registry of this Court, on 28-01-2019, has recovery of GH¢146,035.00 with interest as the reliefs, applicant is seeking.

There is a defence filed on 24-01-2020.

The averments in the defence are the same as the depositions in the affidavit filed in opposition.

THE LAW APPLICABLE

A long line of cases foreign and local have established that, it is a Defendant who has established in the affidavit evidence or otherwise, a FAIR case for defence or reasonable grounds for setting up a defence or a fair probability of a bona fide defence, that relate to questions of fact and Law raised,…

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