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YAW OWUSU BREFO
V.
MECHANICAL LLOYD CO. LTD

(2018) JELR 66054 (CA)

Court of Appeal 22 Nov 2018 Ghana
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- The Court of Appeal set aside the High Court’s grant of summary judgment to the Plaintiff, holding that the Defendant had raised bona fide triable issues requiring determination at trial. - The Court affirmed that, under Order 14 of C.I.4

Case Details

Suit Number:SUIT NO. H1/132/18
Judges:K. A. ACQUAYE JA (Presiding), BARBARA ACKAH-YENSU JA, TANKO AMADU JA
Counsel:MR. PETER ZWENNES FOR DEFENDANT/APPELLANT,MR. PETER OSEI ASAMOAH FOR THE PLAINTIFF/RESPONDENTS

BARBARA ACKAH-YENSU, JA

In this appeal against the judgment of the High Court (General Jurisdiction) Accra delivered on 21st December 2016, the Defendant/Appellant (alternately referred to as the Defendant, or the Appellant) prays that the judgment of the court below be set aside and the Plaintiff/Respondent’s (referred to alternately as the Plaintiff, or the Respondent) application for summary judgment be accordingly dismissed.

The Plaintiff’s claim against the Defendant at the court below was for the sum of US$11,912 or its cedi forex buying equivalent being the sum of money spent by Plaintiff in renting a vehicle from 4th June 2015 to 16th October 2015, together with interest at the commercial bank lending rate from 16th October 2015 until date of final judgment. Plaintiff also claimed general damages and costs.

The facts giving rise to the suit are pretty simple. The Plaintiff was the owner of Ford Mondeo saloon car with registration number GE 6132-12. The Defendant is a registered a…

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