[2019]DLHC7180 ⢠February 26, 2019 ⢠High Court
UNITED STEEL COMPANY LIMITED (PLAINTIFF) vs. WAPIC INSURANCE GHANA LIMITED (DEFENDANT)
This is an application for Summary Judgment. I have read the application and the affidavits filed by the parties. I have also read the written submissions filed by both Counsel. Regard has been given to Order 14 rule 1 (1) of C.I. 47. Consideration has also been given to the principles governing the grant of applications of this nature. The Supreme Court in the case of SANUNU v SALIFU [2009] SCGLR 586 held that under Order 14 rule 1 of C.I. 47 a trial Judge must come to the conclusion that on the face of the claim there is no defence to the action. A defence set up need only show that there is a triable issue; and leave to defend ought to be given unless there is clearly no defence in law and no possibility of a real defence on a question of fact. In the instant case, it is noted that the Defendant has settled the principal sum the subject matter of the claim. The only outstanding issue which needs to be determined is whether or not the Plaintiff should be entitled to the interest...