YOUNG ENGINEERS LTD & ANOR.
V.
STEPHEN ASANTE KENNEDY & ANOR.

(2016) JELR 107458 (HC)    
High Court  ·  BMISC 697/2015 ·  18 Jan 2016 ·  Ghana
CORAM
ANTHONY K. YEBOAH
Core Terms Beta
plaintiffs
defendants
defendant
affidavit
opposition
order
paragraph
summary judgment
case
duress
plaintiff
reply
19th december
application
court
deposition
extension of time
plaintiffs’ letter
pleadings
statement of claim
tenancy agreement
13th november
14th october
23rd july
28th april
affidavit evidence
available evidence
chief executive officer
circumstances
clause b
common ground of the parties
exhibit eka
false impression
final judgment
good faith
high court
leave of the court
management of young engineering
outstanding debt
parties
payment of the outstanding rent
plea of duress
possession of the plaintiffs of the premises
present application
pursuance of exhibit
request of the plaintiffs
statement of defence
time of the suit
writ of summons
wrong place

SUMMARY JUDGMENT

Before the Court is the Application for Summary Judgment filed by the Defendant on 23rd July, 2015 seeking an order entering Summary Judgment “against the Plaintiffs.”

By a writ of summons filed on 28th April 2015 the Plaintiffs sued the Defendant for an Order enforcing the tenancy agreement made between the parties and an order restraining the Defendant from interfering with the possession of the Plaintiffs of the premises the subject of the tenancy agreement. The Defendant filed a statement of Defence on 6th May 2015 and counterclaimed against the Plaintiff for the payment of the outstanding rent assessed at GH₵48,000 for the tenancy period of two years.

It is the common ground of the parties as far as the Pleadings go that at the time of the Suit, the Plaintiffs were indebted to the Defendant in the sum of GH₵ 48,000.00. It is also agreed that the Plaintiffs issued cheques for the payment of the rent but later stopped the payment of the cheques. In parag…

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