[2016]DLCA7980April 21, 2016Court of Appeal

JOSEPH MARTEYE vs. DORA KARLEY ADOTEY

AGYEMANG JA: In this appeal against the judgment of the High Court Accra, the plaintiff/appellant (hereafter referred to alternately as the plaintiff, or the appellant), prays this court for an order setting aside the judgment of the High Court dated 11th day of May 2012. He also seeks an order entering judgment for him. The appeal is against the judgment of the court below in suit described as: MISCN No. 1646/98, which was commenced by the appellant to set aside a summary judgment entered by the learned trial judge in the suit between the parties titled: Suit No. C.320/95. These are the antecedent matters: On 23rd May 1995, the defendant/respondent herein (described alternately as the defendant, or the respondent), sued out a writ of summons against the appellant seeking inter alia, the repayment of the sum of c23,850,000.00 (old Ghana Cedis), owed to the respondent by the appellant. After the appellant entered appearance, the respondent applied for summary judgment on the ground ...