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ZENITH BANK GHANA LTD V. D. JEHOVA LIVES CO. LTD & ANOR.

(2018) JELR 107460 (HC)

High Court  •  GJ/125/2018  •  2 Nov 2018  •  Ghana

Coram
NICHOLAS M. C. ABODAKPI

Appearances
FREDERICK GURAH SAMPSON ESQ. FOR PLAINTIFF/APPLICANT PRESENT FELIX ABOAGYE FOR DEFENDANT/RESPONDENT ABSENT

Judgement
<p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p> </p><p>R U L I N G </p><p> </p><p>The motion to sign summary judgment was filed on 06/06/2018, there is an affidavit in support and annexures. </p><p>It is applicant’s case that an overdraft facility has been given to Respondent who has not paid back the debt even though there have been repeated demands on them to pay. </p><p>I have heard submissions made by Counsel as he moved the Court for summary judgment to be entered in Applicant’s favour. I have also perused the deposition and annexures. But to come to a decision, there are important principles established through case law, which are applicable to these facts put before the Court. </p><p>The 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 and situation where interpretation of documents are required for the understanding of whether a defence exist, that Defendant may be gi…</p>

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