AFODOFE vs. CENTRAL INSURANCE CO.

JUDGMENT OF ACQUAH J. The issue for consideration in this ruling is whether in an application for summary judgment under Order 14 of the High Court (Civil Procedure) Rules, 1954 (L.N. 140A) as amended by the High Court (Civil Procedure) (Amendment) (No. 2) Rules, 1977 (L.I. 1129), r. 1, a court is debarred from looking at the statement of defence of a respondent who had not filed an affidavit in opposition to the summons. For in this application for summary judgment, the applicant contends that once the respondents had not filed an affidavit in opposition to her summons, the defence filed earlier on by the said respondents should not be considered with a view to determining whether it raises any triable issue. And that if there is any such triable issue the same must be deposed to in an affidavit opposing the summons. The applicant herein is the plaintiff-judgment creditor (hereinafter referred to as the applicant) in a running-down suit No. CS 118/87 entitled Afodofe v. Sedzro, ...