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MR. COLLINS OTOO V. SOLOMON PUPULAMPO AND EMMANUEL MANU

(2014) JELR 64586 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/117/2013  •  13 Mar 2014  •  Ghana

Coram
KUSI APPIAH J.A (PRESIDING), GYAESAYOR J.A, SOWAH (MRS) J.A

Appearances
MR. MATHEW OBENG FOR 1ST APPELLANT,MR. J. K. YEBOAH FOR PLAINTIFF/RESPONDENT

Judgement

JUDGMENT

SOWAH J.A.

The background facts of this present appeal are as follows:

On 24th June 2009, the 1st defendant /appellant herein [hereafter referred to simply as the appellant] who was the plaintiff in the Tema High Court Suit No H1/117/2013 obtained summary judgment for the sum of GH¢30,000.00 with bank interest thereon and costs, against the plaintiff/respondent herein [hereinafter called the respondent] who was the defendant in that suit. 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]. Mr Manu 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 entirely on…

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