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V.
GHANA REVENUE AUTHORITY

(2016) JELR 67290 (CA)

Court of Appeal 18 Feb 2016 Ghana
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- The plaintiff filed a claim against the defendant for the recovery of a sum of money and interest. - The plaintiff had previously obtained a summary judgment against the Ministry of Health for part of a debt owed to the plaintiff. - The c

Case Details

Suit Number:CIVIL APPEAL NO.H1/69/2016
Judges:F. KUSI APPIAH J.A (PRESIDING), IRENE CHARITY LARBI (MRS) J.A, MABEL AGYEMANG (MRS)
Counsel:S.K. AMOAH ESQ. (FOR PLAINTIFF/APPELLANT); C. ODATTEY LAMPTEY ESQ. (FOR THE DEFENDANT/RESPONDENT).

IRENE CHARITY LARBI J.A.

(1) Order 14 Rule 1 of High Court (Civil Procedure) Rules 2004, C.I.47 provides as follows:-

“Where in an action a Defendant has been served with a statement of claim and has filed appearance, the Plaintiff may on notice apply to the Court for judgment against the Defendant on the ground that the Defendant has no defence to a claim included in the writ, or to a particular part of such a claim, or that the Defendant has no defence to such a claim or part of a claim, except as to the amount of any damages claimed”.

(2) The facts of the instant case are that the Plaintiff/Appellant (hereinafter referred to as the “Plaintiff”) by a writ and a statement of claim filed on 22nd July, 2014 claimed against the Defendant/Respondent (hereinafter referred to as the “Defendant”) these reliefs:-

“1. Recovery of the sum of Gh₵6,713,240.95 being part of the judgment debt payable by Bank of Ghana pursuant to a Garnishee Order absolute which amount the Defendant without prior leave…

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