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BANK OF GHANA V. LABONE WEAVERS ENTERPRISES LTD.

(1971) JELR 67969 (SC)

Supreme Court  •  22 Feb 1971  •  Ghana

Coram
AZU CRABBE JA,JIAGGE JA,ARCHER J.A.

Judgement

AZU CRABBE J.A.

This is an application by the plaintiffs-applicants for an order for special leave to appeal to this court against the unreported ruling of Hayfron-Benjamin J. given on 23 November 1970, in the High Court, Accra. The circumstances leading to this application are briefly these: On 5 October 1970, the applicants filed a specially endorsed writ, accompanied by a statement of claim, against the respondents claiming the sum of N¢136,473.62 plus interest of ten per cent. per annum. The respondents entered an appearance but failed to file a defence, and on 13 October 1970, the applicants filed a summons for liberty to enter final judgment against the respondents under Order 14, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). Before the hearing of the summons, however, the respondents filed their statement of defence and counterclaim on 16 October 1970. On 20 October 1970, the respondents filed an affidavit in opposition to the applicants’ summons. T…

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