M & K GHANA LIMITED V. BEIGE BUSINESS SOLUTIONS
(2020) JELR 107330 (HC)
High Court
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GJ/709/2019
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8 Jun 2020
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Ghana
Coram
NICHOLAS M. C. ABODAKPI
Appearances
SAMUEL ALESU-DORDZI HOLDING BRIEF OF DAVID ADUTUTU FOR THEPLAINTIFF/APPLICANT β PRESENT.
CHARLES ANDOH FOR DEFENDANT/RESPONDENT - PRESENT
Judgement
<p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><h2 class="ql-align-center">RULING </h2><p><strong>ABODAKPI, J.</strong></p><p>The motion on notice to summary judgment against Defendant/Respondent herein [Respondent hereafter] by Plaintiff/Applicant herein, [hereafter the Applicant] was filed on 27-04-2020, under order 14 of C.I. 47/04. </p><p>There is affidavit in support with EXHIBIT βTAA1 -10β as annexures. </p><p>The Respondent on 05-06-2020 has filed a response. </p><p> The Writ of Summons taken from the registry of this Court, on 28-01-2019, has recovery of GHΒ’146,035.00 with interest as the reliefs, applicant is seeking. </p><p>There is a defence filed on 24-01-2020. </p><p>The averments in the defence are the same as the depositions in the affidavit filed in opposition. </p><p> THE LAW APPLICABLE </p><p>A long line of cases foreign and local have established that, it is a Defendant who has established in the affidavit evidence or otherwise, a FAIR case for defence or reasonable grounds for setting up a defence or a fair probability of a bona fide defence, that relate to questions of fact and Law raised,β¦</p>