JUDGMENT
GBADEGBE, JSC
This is an appeal from the decision of the Court of Appeal that reversed the judgment of the High Court, Accra, which had allowed in favour of the appellant an application for summary judgment. It appears from the judgment of the Court of Appeal that it was of the opinion that there were triable issues disclosed by the respondent’s affidavit to the application under Order 14 of the High Court (Civil Procedure) Rules, 2004, CI 47. Delivering the judgment of the court, Kusi Appiah JA after referring to the case of SADHUWANI v. AL-HASSAN [1999-2000] 1 G.L.R 19 observed as follows at pages 162-163 of the record of appeal:
“In the instant appeal, it is one of the appellant’s contentions that the mode of payment to the respondent was subject to the general terms and conditions of the contract, clause 4, where the defendant/appellant has to satisfy itself that the works had been properly done according to the specifications before invoices are accepted and payments made (…