[2013]DLCA3603 • December 19, 2013 • Court of Appeal
MR. COLLINS OTOO vs. SOLOMON PUPULAMPO AND EMMANUEL MANU
The appellant, Mr. Collins Otoo, obtained summary judgment in the Tema High Court against the respondent, Solomon Pupulampo, for GH¢30,000 with interest and costs, based on an admission by the respondent's lawyer that the respondent took the money on behalf of a third party, Mr. Manu. The respondent appealed, but the Court of Appeal affirmed the summary judgment on the financial claim, distinguishing it from a separate fraud claim. Subsequently, the respondent issued a fresh writ alleging fraud and sought interlocutory injunction to restrain payment of the judgment sum deposited in court. The interlocutory injunction was granted by the High Court, prompting the appellant to appeal that ruling.
read moreSOWAH, J.A. The background facts to this present appeal are as follows: On 24th June 2009, the 1st defendant /appellant herein [hereinafter called the appellant] who was the plaintiff in the Tema High Court Suit No H1/117/2013 obtained summary judgment against the plaintiff/respondent herein [hereinafter referred to simply as the respondent] who was the defendant in that suit for the sum of GH¢30,000.00 with bank interest thereon and costs of GH¢2,000.00. The trial judge entered the summary judgment based on a letter written by the respondents’ lawyer explicitly admitting that the respondent took the amount of money claimed by the appellant but on behalf of a Mr. Manu [sic Mainoo] who was not a party in that Suit. The respondent appealed the summary judgment to the Court of Appeal. The grounds of appeal were as follows: 1. The learned High Court Judge erred in law when he entered summary judgment against the defendant/appellant on a claim by the plaintiff/respondent which is ba...