(2017) JELR 108617 (HC)    
High Court  ·  AL/48/2009 ·  31 Oct 2017 ·  Ghana
Core Terms Beta
2nd defendant
1st defendant
deed of assignment
plaintiff company
supreme court
favour of the 1st defendant
owner of the property
said property
sufficient evidence
1st defendant’s counterclaim
civil trial
high court
court of appeal
managing director
plaintiff’s claim
rules of evidence
signatures of a director
time exhibit a
2nd may
act of collusion
additional time
allegation of a criminal act
burden of proof
director of a company
due authority
exhibits a
face of the known principles of pleadings
following issues
hands of a number of judges
house no. 64a
issue of fraud
legal advice
mind of the tribunal of fact
ownership of the plaintiff
pursuance of a supposed deed of assignment
rules of court
said judgment
such further order
turquand’s case

J U D G M E N T 


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 to …

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