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FIANKUMA V. COBBINA AND ANOTHER

(1987) JELR 63657 (HC)

High Court  •  30 Nov 1987  •  Ghana

Coram
KPEGAH J.

Judgement

KPEGAH J.: I do not know whether a judge ever owes an apology for the length of his judgment or ruling; but if he does, I unreservedly offer it before I proceed and I hope it will be accepted because the issues to be considered here are complex and they cannot be treated otherwise than in some detail.

This ruling concerns an application for summary judgment under Order 14, r.1 of the High Court (Civil Procedure) Rules, 1954 (L.N.140A). On 21 August 1987 the plaintiff issued a writ of summons against the defendants asking for an order of this court setting aside the attachment and sale of the plaintiffs uncompleted building at Agona Swedru in satisfaction of a judgment debt and costs. The plaintiff also claimed damages for wrongful sale. The plaintiff was a defendant in suit No. 50/86 entitled Aidoo v. Fiankuma in which judgment was entered against him for the sum of ¢477,770. The judgment creditor later took out a writ of fi-fa attaching the plaintiff’s uncompleted building for sale in…

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