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

(2018) JELR 107460 (HC)

High Court 2 Nov 2018 Ghana
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- The applicant filed a motion for summary judgment, claiming that the respondent has not paid back a debt despite repeated demands. - The court must determine if the respondent has a fair case for defense or reasonable grounds for setting

Case Details

Suit Number:GJ/125/2018
Judges:NICHOLAS M. C. ABODAKPI
Counsel:FREDERICK GURAH SAMPSON ESQ. FOR PLAINTIFF/APPLICANT PRESENT FELIX ABOAGYE FOR DEFENDANT/RESPONDENT ABSENT

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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