DOMINION INTERNATIONAL PETROLEUM LTD. vs MIMSHACH ENERGY & 2 ORS

JUDGMENT I have listened to the submissions for and against the application for summary judgment filed by the Plaintiff/Applicant (hereinafter called the Applicant) on 6th April, 2023 against the 1st Defendant/Respondent (hereinafter called the Respondent). I have also gone through the documents filed in this application for and in opposition. It is trite law, that summary judgment can be granted in whole or in part in respect of Plaintiff claim against a Defendant. Summary judgment is granted where the Defendant defence does not disclose reasonable or legal defence. Therefore, the filing of statement of defence by a Defendant does not preclude the Court from granting summary judgment if no triable defence has been set up in the statement of defence. See: SANUNU v SALIFU [2009] SCGLR 586 ATLANTA TIMBER COMPANY v VICTORIA TIMBER COMPANY LIMITED [1962] 1 GLR 221 Summary judgment when granted can terminate the trial either in whole or in part. Therefore, before it is granted, the...