EDMUND BOAKYE vs. HOPESON YAW ADORYE

This is an application for summary judgment filed by the applicant on the 24th day of October, 2018. The court has had sight of the motion paper and the supporting affidavit. Attached to the motion paper are exhibit ‘WD1’ being a power of attorney and exhibit ‘WD2’ being terms of settlement filed on the 13th of July, 2018. It is also clear that subsequent to the filing of the terms of settlement, the defendant entered appearance on the 27th day of July, 2018. This to the court is indicative of the fact that the defendant may have had or anticipated mounting a defence to the suit despite whatever may have gone on before. The law given this state of affairs bearing in mind the reliefs being sought by the plaintiff falling into category of a liquidated demand, can be pursued either under Order 13 rule 1 of CI 47 or under Order 14 of CI 47. The difference between an application pursuant to Order 13 rule 1 of CI 47 and order 14 of CI 47 was discussed by His Lordship Justi...