ROBERT FRIMPONG NYANTAKYI
V.
ABDUL HAMID SALAM

(2017) JELR 65285 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/37/16 ·  27 Feb 2017 ·  Ghana
CORAM
HONYENUGA J.A. (PRESIDING), GYAN J.A., SUURBAAREH J.A.
Core Terms Beta
respondent
plaintiff
defendant
summary judgment
exhibit
learned trial judge
statement of defence
amended statement of defence
appellate court
sanunu v salifu
full trial
statement of claim
amount of gh
civil procedure
high court
staff of the bank
arguable defence
g. s. suurbaareh
ruling of the high court
ruling of the learned trial judge
s. k. gyan
above stated reasons
ackah v pergah transport
amended writ
anglo-hahan bank v wells
appellant’s account
appellant’s adb branch
company’s loan facility
defendant fail
defendant’s own account
exhibits of the appellant show variations
facts of this appeal
following grounds
following issues
former employee of the agricultural development bank
hearing counsel
honourable court grants
instant case
legal action
managing director of ghambassad company limited
monies plaintiff
ordinary civil cases
outstanding balance of a loan plaintiff
plaintiff interest
poku v poku
recovery of an amount of gh
said ghambassad company limited
shareholder of ghambassad company limited
trial high court
weight of the affidavit evidence

HONYENUGA, J.A.

This appeal is against the Ruling of the High Court, Cape Coast dated the 28th day of July, 2015. In the said ruling, the trial High Court dismissed the plaintiff/appellant’s (hereinafter called the appellant) application for summary judgment under Order 14 rule 1 of the High Court (Civil Procedure) Rules, 2004, (C.I. 47) as against the defendant/respondent (hereinafter referred to as the respondent).

The facts of this appeal are that the appellant is a former employee of the Agricultural Development Bank (ADB) and the respondent is a businessman in Cape Coast and a shareholder of Ghambassad Company Limited. The respondent was introduced to the appellant while an employee of ADB in Cape Coast. The said Ghambassad Company Limited had an account at the appellant’s ADB branch. Sometime in 2011, the respondent was introduced to the appellant by Fred Agyemang that he needed a loan and therefore he granted the respondent Ten Thousand Ghana Cedis (GH¢10,000.00). Later, the Mana…

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