MR. COLLINS OTOO V. SOLOMON PUPULAMPO AND EMMANUEL MANU

SOWAH, J.A.

The background facts to this present appeal are as follows:

On 24^th June 2009, the 1^st defendant /appellant herein [hereinafter called the appellant] who was the plaintiff in the Tema High Court Suit No H1/117/2013 obtained summary judgment against the plaintiff/respondent herein [hereinafter referred to simply as the respondent] who was the defendant in that suit for the sum of GH¢30,000.00 with bank interest thereon and costs of GH¢2,000.00. The trial judge entered the summary judgment based on a letter written by the respondents’ lawyer explicitly admitting that the respondent took the amount of money claimed by the appellant but on behalf of a Mr. Manu [sic Mainoo] who was not a party in that Suit.

The respondent appealed the summary judgment to the Court of Appeal. The grounds of appeal were as follows:

1. The learned High Court Judge erred in law when he entered summary judgment against the defendant/appellant on a claim by the plaintiff/respondent which is based entirel…