FREDERICK NSOBILA ABAYETA ANDRICHMOND NYARKO NTI vs. SUCASA PROPERTIES GHANA LTD.

JUDGMENT COUNSEL FOR PLAINTIFFS: My Lady, I have before a motion on notice for summary judgment against the Defendant under Order 14 of C.I.47. I move in terms of the motion paper, the supporting affidavit, the supplementary affidavit and the annexures. It may interest you to know that we are moving this application because the Defendant/Respondent, per their pleadings have demonstrably no defence in law on the available facts such as will justify their being granted leave to defend the claims of the Plaintiffs. They state among others in their statement of defence that in the course of time there was an oral agreement for them to refund the amount in six (6) months’ time, besides the fact that they did not indicate the reference for the counting of the six months. It is clear, per paragraph 12 of the Sales and Purchase Agreement (SPA) between the parties, that any notice or communication in connection with the said agreement shall be in writing and in English. It is surprisi.....