MABANI SEVEN COMPANY LIMITED (PLAINTIFF) vs. STAR ASSURANCE COMPANY LIMITED & 4 ORS. (DEFENDANTS)

In this application, the Plaintiff/Applicant (hereinafter called the Plaintiff) prays the Court to enter Summary Judgment under Order 14 of the (High Court Civil Procedure) Rules 2004 (C.I. 47) against the Defendants/Respondents (hereinafter called the Defendants). A brief summary of the facts giving rise to this case is that, on the 23rd September, 2015, the Plaintiff entered into a construction contract with a company called MSF ENGENHARIA SA (MSF) for the construction of the Plaintiff’s project in Accra. The Defendants on the 29th September, 2015 also executed an advance payment bond with the MSF for the benefit of Plaintiff. I shall make references to these bonds in the course of the ruling. In the course of time, the Plaintiff made a demand for the payment of the bond on the Defendants. The inability of the Defendants to pay the Plaintiff has brought the parties to Court. The core issue requiring my adjudication in this application is as to whether or not the Defendants sh.....