ZENITH BANK GHANA LTD
V.
D. JEHOVA LIVES CO. LTD & ANOR.

(2018) JELR 107460 (HC)    
High Court  ·  GJ/125/2018 ·  2 Nov 2018 ·  Ghana
CORAM
NICHOLAS M. C. ABODAKPI
Core Terms Beta
defence
defendant
summary judgment
court
motion
affidavit
law
affidavit evidence
applicant
counsel
order
questions of fact
applicant’s case
applicant’s favour
application
bona fide
case law
conclusions
consideration
critical examination of the reliefs
decision
determination
disputes
duty of the trial judge
facts
fair case
fair probability of a bona fide defence
full blown trial
full performance of their obligations
good defence
important principles
inherent powers of the court
matters
merits of the respective claims
notice of appearance
paragraph statement of defence
rationale
realization
reasonable grounds
r u l
rule
satisfaction of the court
simple questions of law of construction
stage of the litigation
submission
submissions
sub-rule
summary procedure
trial judge
valid contract

R U L I N G

The motion to sign summary judgment was filed on 06/06/2018, there is an affidavit in support and annexures.

It is applicant’s case that an overdraft facility has been given to Respondent who has not paid back the debt even though there have been repeated demands on them to pay.

I have heard submissions made by Counsel as he moved the Court for summary judgment to be entered in Applicant’s favour. I have also perused the deposition and annexures. But to come to a decision, there are important principles established through case law, which are applicable to these facts put before the Court.

The Defendant who has established in the affidavit evidence or otherwise, a fair case for defence or reasonable grounds for setting up a defence or a fair probability of a bona fide defence that relate to questions of fact and law raised and situation where interpretation of documents are required for the understanding of whether a defence exist, that Defendant may be gi…

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