[2007]DLCA7467 • May 3, 2007 • Court of Appeal
PIETER R. J. ROOMIJN (PLAINTIFF/RESPONDENT) vs . GEORGE K. BOADI (DEFENDANT/APPELLANT)
The Plaintiff issued a writ claiming recovery of US$70,000 advanced to the Defendant for supply of second-hand clothes, interest, and costs. The Defendant appeared through counsel but a summary judgment was granted against him despite an affidavit in opposition. The Defendant, residing outside Ghana, contended that no hearing notice was served before the summary judgment. Subsequent motions to set aside the judgment were dismissed. The Defendant filed an appeal and multiple interlocutory applications, some struck out for want of prosecution. The Defendant applied for a stay of execution of the summary judgment pending appeal.
read moreThis is a Ruling premised on an Application on Notice for Stay of Execution of a summary judgment entered by the Fast Track High Court, Accra dated 6th May, 2005 pursuant to an Appeal that had been filed on 2-5-06, against the said summary judgment. The facts of this case admit of some complexities and to that extent we will attempt to set them out in some detail. 1. On the 9th day of November, 2004 the Plaintiff/Respondent, hereafter referred to as the Plaintiff issued a writ of summons and statement of claim against the Defendant/Appellant hereafter referred to as the Defendant claiming the following reliefs:— (i) Recovery of the sum of US $70,000 being monies advanced to the Defendant for the supply of second hand clothes to plaintiff. (ii) Interest on the said amount from July, 2004 till date of final judgment. (iii) Costs 2. Defendant after service on him of the writ of summons and statement of claim caused an appearance to be entered on his behalf by his Solicitor. .....