JUDGMENT
GYIMAH, J.
Background
This case can sadly be categorized as one of the cases that fit the description of the popular saying “justice delayed is justice denied”. The suit number AL/48/2009 presupposes that the case was instituted sometime in 2009. The writ of summons was however issued on 26th February 2002. Considering the date of the issuance of the writ, this case has travelled through the hands of a number of judges. Two judgments have already been delivered in this matter in favour of the 1st defendant all of which were set aside.
On 24th July 2002 the court differently constituted delivered summary judgment in this matter in favour of the 1st defendant on its counterclaim against the plaintiff. The said summary judgment was however set aside by the Court of Appeal on 4th December 2003 which judgment is reported as Oyoko Contractors Ltd. v. Starcom Broadcasting Services [2003-2005] 1 GLR 445. When the Court of Appeal delivered its judgment, the High Court had t…