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ABIVAMS LIMITED V. PLATUN GAS OIL GHANA LTD.

(2017) JELR 68807 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/29/2016  •  31 May 2017  •  Ghana

Coram
AKUFFO (MS) JSC PRESIDING, YEBOAH JSC, BAFFOE-BONNIE JSC, BENIN JSC, PWAMANG JSC

Judgement

BENIN, JSC

This appeal brings into focus once more the scope and limit of the popular Order 14 of the High Court (Civil Procedure) Rules), 2004, C.I. 47. That Order has become so popular even among students of the law because we are made to believe that it is the shortest route to obtain judgment in liquidated claims in particular, without going through the travails of litigation. But to the unwary judge who falls into that trap, he may be tempted to dismiss a defence to a claim under this order, as it were, to save time, especially bearing in mind the fact that the court is required to adopt expeditious and less expensive means to dispose of a case before it. But we must not lose sight of the fact that rules of court are meant to regulate orderly proceedings and nobody should be made to suffer therefrom, without real or just cause. The rules of natural justice prevail in all proceedings, hence the requirement that a person should not be made to suffer unless he has been heard in his d…

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