[2020]DLCA8587January 29, 2020Court of Appeal

GHANA INSTITUTE OF MANAGEMENT AND PUBLIC ADMINISTRATION vs. KOANS BUILDING SOLUTIONS LIMITED

AGYEMANG, J.A.: In this appeal against the summary judgment entered by the High Court Koforidua upon a motion for summary judgment, on 13th of June 2018, the defendants / respondents / appellants have set out the following grounds of appeal against the said judgment: a. The trial court erred and occasioned a miscarriage of justice when it exercised its discretion on wrong and inadequate materials under a misapprehension of fact; b. The trial court erred and occasioned a miscarriage of justice when it gave weight to irrelevant and/or unproved matters and omitted to take the relevant issues into account; c. The judgment is against the weight of the evidence. These are the matters antecedent to the instant appeal. On 25th November 2015, the plaintiff/applicant/respondent (hereafter referred to as the plaintiff, or the respondent), commenced an action against the three defendants/ respondent/appellants (referred to hereafter as the defendants or the appellants) jointly and severally...