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THRESHOLD COMPANY LIMITED
V.
THE ATTORNEY GENERAL

(2016) JELR 64431 (CA)

Court of Appeal 28 Apr 2016 Ghana
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- The plaintiff filed a motion for summary judgment, which was granted by the High Court. - The defendant appealed the decision, arguing that their defense raised triable issues and that the judgment was given in their absence. - The plaint

Case Details

Suit Number:CIVIL SUIT: NO: H1/163/2014
Judges:M. OWUSU (J.A.) – PRESIDING, KORBIEH (J.A.), DZAMEFE (J.A.)
Counsel:NANA ABUA BRENYA OTCHERE FOR DEFENDANT/APPELLANT ,MR. GORDON AKPADIA FOR THE PLAINTIFF/RESPONDENT

MARIAMA OWUSU, J.A.

On the 12th March, 2013, the High Court, Accra, granted the plaintiff’s application for summary judgment. In his ruling, the trial Judge held among other things that:

“I have studied the entire pleadings filed in the action together with the attachments. I have also considered submissions by counsel for the plaintiff and I have come to the conclusion that the statement of defence filed by the defendant on 8-3-2013 discloses no defence to the action at all, neither does it raise any triable issues. The defendant raises the fact that the action is statute barred but looking at the attachments, I think that the alleged defence is a sham. I therefore grant the plaintiff’s application and enter summary judgment for the plaintiff for the reliefs endorsed on the writ of summons as follows:

i. Interest on the contract value from the date of supply in 1997 on a reducing balance on a simple yearly average interest rate assessed at GH¢7,937,484,645.51 old Ghana cedis or new Ghan…

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