ADWOA AMOAH ASEMPA vs. GEORGE KOOMSON

The High Court (Civil Procedure) Rules, 2004, provides per Order 14 rule 10 (1) as follows:- (1) “Where in an action the plaintiff is served with a counterclaim, the defendant may at any time after service of the counterclaim on the ground that the plaintiff has no defence to a claim made in the counterclaim, or to a particular part of such a claim, apply to the Court for judgment against the plaintiff on that claim or part of it.” It is under the above quoted rule that the defendant/applicant brings the present application for an order of summary judgment to be entered against the plaintiff on relief (a) of his counterclaim in favour of the defendant/applicant. The said relief (a) of the counterclaim reads as follows: (a) “An order that plaintiff vacates the property which is the subject matter of the suit forthwith”. To give a background to this application, it must be stated that the plaintiff in the substantive case on the 31st...