GANIYU A. MUSTAPHA V. NATIONAL INVESTMENT BANK LTD.

JUDGMENT

DR. TWUM, J.S.C.

On 1st September, 2000, the Appellant issued a Writ of Summons against the Respondent, his former employers, claiming:

"the sum of US $10,000.00 or its Cedi equivalent which the Defendant in February, 2000 under took to pay to the Plaintiff in consideration of Plaintiff waiving all previous accumulated interest thereon."

The writ was followed by a Statement of Claim filed on 4th September, 2000. After the Defendant had entered appearance, the Appellant applied for Summary Judgment on the usual ground that the Defendants had no defence to the action.

The Defendant/Respondent resisted the application for Summary Judgment and deposed in its affidavit in opposition that it did not owe the Appellant any such sum or at all. Further, it deposed that it had never promised to pay the Appellant any such sum as alleged or at all.

The learned trial judge dismissed the summons, holding that there were triable issues. The Appellant was dissatisfied with this ruling and appealed …