TIL HEALTHCARE PVT LIMITED vs SPINTEX CHEMIST LIMITED

JUDGMENT I have listened to the submissions for and against the application for the grant of Summary Judgment for the Plaintiff/Applicant (hereinafter called the Applicant) against the Defendant/Respondent (hereinafter called the Respondent). I have gone through the documents filed in this application. The purpose of Summary Judgment under Order 14 of C.I. 47 is to allow a plaintiff to obtain judgment summarily without necessarily going through trial in a situation where the Defendant is not able to set up any bonafide defence. Generally, in summary judgment, the Plaintiff’s claim should be clear on the face of it. The Defendant should have been served with the Plaintiff’s writ, entered appearance and either filed a defence or not. Also, the Plaintiff claim should be clear and unimpeachable. See: YARTEL BOAT BUILDING CO V. ANNAN [1991] 2 GLR 11 ATLANTA TIMBER CO V. VICTORIA TIMBER CO. LTD [1962] 1 GLR 221 SANUNU V SALIFU [2009] SCGLR 586 Summary Judgment serves a useful ...