VINCENT ACQUAH V. ERNEST DUNCAN
(2020) JELR 112311 (CA)
Court of Appeal
•
H1/78/2020
•
5 Nov 2020
•
Ghana
Coram
SENYO DZAMEFE J. A. (PRESIDING)
L. L MENSAH J.A
ERIC K. BAFFOUR J.A
Appearances
George Eshun, Esq for Defendant/Appellant;
Jesse Sarfo Brobbey, Esq for Plaintiff/Respondent.
Judgement
<p style="text-align: center"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify"><strong><u>BAFFOUR J.A:</u></strong> </p><p style="text-align: justify">This appeal raises for our determination a well-trodden area of law regarding the scope for the grant of an application for summary judgment under Order 14 of the High Court (Civil Procedure) Rules, C. I 47. Without a meticulous analysis of the claim and of the nature of a defence, a trial Judge with eagerness to reduce his case load may fall into the pitfall of acceding to a request to end a case by a technical legal knockout. If the summary power is exercised in such a capricious manner, it shuts out a Defendant from the altar of justice without giving him a hearing. This appeal has been precipitated by the exercise of the power of the learned Circuit Court Judge to grant the Plaintiff/Respondent’s application for summary judgment against the Defendant/Appellant. In this appeal the parties will be referred to by their designation at the court below. </p><p style="text-align: justify">In a writ issued on the 28th of September, 2018, the Plaintiff sought the following reliefs which became the subj…</p>