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VINCENT ACQUAH
V.
ERNEST DUNCAN

(2020) JELR 112311 (CA)

Court of Appeal 5 Nov 2020 Ghana
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- Plaintiff claimed possession, ejectment, and rent arrears against Defendant based on a 10-year lease for a washing bay, asserting the lease had expired and Plaintiff was the rightful owner. - Defendant admitted the existence of the lease

Case Details

Suit Number:H1/78/2020
Judges:SENYO DZAMEFE J. A. (PRESIDING) L. L MENSAH J.A ERIC K. BAFFOUR J.A
Counsel:George Eshun, Esq for Defendant/Appellant; Jesse Sarfo Brobbey, Esq for Plaintiff/Respondent.
Location:Accra

JUDGMENT

BAFFOUR J.A:

This appeal raises for our determination a well-trodden area of law regarding the scope for the grant of an application for summary judgment under Order 14 of the High Court (Civil Procedure) Rules, C. I 47. Without a meticulous analysis of the claim and of the nature of a defence, a trial Judge with eagerness to reduce his case load may fall into the pitfall of acceding to a request to end a case by a technical legal knockout. If the summary power is exercised in such a capricious manner, it shuts out a Defendant from the altar of justice without giving him a hearing.  This appeal has been precipitated by the exercise of the power of the learned Circuit Court Judge to grant the Plaintiff/Respondent’s application for summary judgment against the Defendant/Appellant. In this appeal the parties will be referred to by their designation at the court below. 

In a writ issued on the 28th of September, 2018, the Plaintiff sought the following reliefs which became the subj…

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