MENSAH-HOMIAH (MRS.) J.
It is provided Under Order 14 rule (1) of the High Court (Civil Procedure) Rules, 2004, C.I. 47 that:
“Where in an action a Defendant has been served with a statement of claim and has filed appearance, the Plaintiff may on notice apply to the Court for judgment against the Defendant on the ground that the Defendant has no defence to a claim included in the writ, or to a particular part of such a claim or that the Defendant has no defence to such a claim or part of a claim, except as to the amount of any damage claimed.
However, under the Commercial Court Rules, Order 58 at C.I. 47, specifically rule 3 (2).
“Applications for summary judgment or judgment on admissions shall not be filed until after the pre-trial settlement conference.
The Plaintiff herein instituted an action to recover the sum of GHC 1,276,938.48, interest thereon and general damages from the Defendant.
The Defendants filed a statement of defence and admitted the sum claimed, but with a caveat…