[1971]DLSC2091 • February 22, 1971 • Supreme Court •
BANK OF GHANA vs. LABONE WEAVERS ENTERPRISES LTD.
The Bank of Ghana (applicants) filed a specially endorsed writ against Labone Weavers Enterprises Ltd. (respondents) claiming a sum of N¢136,473.62 plus interest. The respondents appeared but initially did not file a defence. The applicants sought summary judgment under Order 14, r. 1 of the Supreme High Court Civil Procedure Rules, 1954. Before the hearing, the respondents filed a defence and counterclaim and opposed the summary judgment. The High Court granted the respondents unconditional leave to defend the claim, prompting the applicants to seek special leave to appeal that ruling.
read moreAzu Crabbe J.A. delivered the judgment of the court. This is an application by the plaintiffs-applicants for an order for special leave to appeal to this court against the unreported ruling of Hayfron-Benjamin J. given on 23 November 1970, in the High Court, Accra. The circumstances leading to this application are briefly these: On 5 October 1970, the applicants filed a specially endorsed writ, accompanied by a statement of claim, against the respondents claiming the sum of N¢136,473.62 plus interest of ten per cent. per annum. The respondents entered an appearance but failed to file a defence, and on 13 October 1970, the applicants filed a summons for liberty to enter final judgment against the respondents under Order 14, r. 1 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A). Before the hearing of the summons, however, the respondents filed their statement of defence and counterclaim on 16 October 1970. On 20 October 1970, the respondents filed an affidavit in op....