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THRESHOLD COMPANY LIMITED V. THE ATTORNEY GENERAL

(2016) JELR 64431 (CA)

Court of Appeal  •  CIVIL SUIT: NO: H1/163/2014  •  28 Apr 2016  •  Ghana

Coram
M. OWUSU (J.A.) – PRESIDING, KORBIEH (J.A.), DZAMEFE (J.A.)

Appearances
NANA ABUA BRENYA OTCHERE FOR DEFENDANT/APPELLANT ,MR. GORDON AKPADIA FOR THE PLAINTIFF/RESPONDENT

Judgement

MARIAMA OWUSU, J.A.

On the 12th March, 2013, the High Court, Accra, granted the plaintiff’s application for summary judgment. In his ruling, the trial Judge held among other things that:

“I have studied the entire pleadings filed in the action together with the attachments. I have also considered submissions by counsel for the plaintiff and I have come to the conclusion that the statement of defence filed by the defendant on 8-3-2013 discloses no defence to the action at all, neither does it raise any triable issues. The defendant raises the fact that the action is statute barred but looking at the attachments, I think that the alleged defence is a sham. I therefore grant the plaintiff’s application and enter summary judgment for the plaintiff for the reliefs endorsed on the writ of summons as follows:

i. Interest on the contract value from the date of supply in 1997 on a reducing balance on a simple yearly average interest rate assessed at GH¢7,937,484,645.51 old Ghana cedis or new Ghan…

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