YIADOM BOAKYE BOATENG vs. THE JUDICIAL SERVICE OF GHANA, THE DEPUTY SHERIFF (REGISTRAR) AND THE ATTORNEY GENERAL'S DEPARTMENT [2019]DLHC9273

YIADOM BOAKYE BOATENG vs. THE JUDICIAL SERVICE OF GHANA, THE DEPUTY SHERIFF (RE... [2019]DLHC9273

Date	2019-04-30
Suit No.	SUIT NO. OCC 13/2019
Citation No.	[2019]DLHC9273

HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE

ALFRED ANIM QUARSHIE FOR THE PLAINTIFF/APPLICANT

YVONNE ADJIMAH AGYARE (MRS) FOR THE DEFENDANTS/RESPONDENTS

[2019]DLHC9273
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													<main id="main" class="content" style="min-height: 60rem" >YIADOM BOAKYE BOATENG<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>THE JUDICIAL SERVICE OF
GHANA, THE DEPUTY SHERIFF (REGISTRAR) AND THE ATTORNEY GENERAL'S DEPARTMENT<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT (COMMERCIAL DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT
NO. OCC 13/2019&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 30TH APRIL, 2019<o:p></o:p>

</div>COUNSEL:<o:p></o:p>ALFRED ANIM QUARSHIE FOR THE
PLAINTIFF/APPLICANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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YVONNE
ADJIMAH AGYARE (MRS) FOR THE DEFENDANTS/RESPONDENTS<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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HIS LORDSHIP JUSTICE DR. RICHMOND OSEI-HWERE, HIGH COURT
JUDGE<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>This
is an application by the Plaintiff/Applicant, hereinafter referred to as “the
Applicant” praying for summary judgment to be entered against the
Defendants/Respondents, hereinafter referred to as “the Respondents”.<o:p></o:p>The
background to the application is that the Applicant herein issued a writ of
summons against the Respondent seeking the following reliefs:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order for the Recovery of Three Hundred and Seventy Thousand Ghana cedis (GHc
370,000) being the cost of the Purchase Price with interest from date of sale
on the 15th day of November 2016 until the date of final payment.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order for the Recovery of Five Hundred and Fifty three Thousand, Seven Hundred
and Twenty-Seven Ghana Cedis, Eighty-two Ghana Pesewas (GHc 553,727.82)<o:p></o:p>3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; An
order for the Recovery of all legal fees and other incidental costs ancillary
to the action.<o:p></o:p>4.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Any
other order(s) the Honourable Court may deem fit, necessary and equitable in
the circumstance including legal fees.<o:p></o:p>Despite
the service of the said writ on the Respondents and entry of appearance by the
named Respondents, the Respondents herein failed to file a statement of defence
within the stipulated time. Thus, the Applicant obtained a judgment in default
of defence. This default judgment was set aside by this Honourable Court upon
the application of the Respondents and a Statement of Defence was filed on the
22nd of November 2018. It is the Statement of Defence of the Respondents which
has triggered the instant application.<o:p></o:p>In
this motion on notice, the Applicant has invited the court to enter summary judgment
against the Respondent, as their statement of defence does not disclose a
reasonable defence to the action. In the affidavit in support of the motion, it
was deposed that the Respondents have admitted to paragraphs
7,8,9,10,11,12,13,14,15,17,18 and 19 of the Applicant’s Statement of Claim.
Furthermore, it was stated particularly in paragraph 18 of the Affidavit that
the Respondents’ defence as set out in its statement of defence was no defence
in law. Thus, on these grounds, the Applicant prayed the court to enter summary
judgment in his favour.<o:p></o:p>The
Respondents are opposed to the application on the ground that they(Respondents)
have a reasonable defence to the suit which has been set forth in the Statement
of Defence. Counsel for the respondent contend that triable issues have been
set down for trial during the pre-trial conference held on 7th March,
2018. Therefore, it would be prejudicial for the court to prevent the case from
being tried on its merits.<o:p></o:p>Order
14 rule 1 of CI 47 provides:<o:p></o:p>“Where
in an action a defendant has been served with a statement of claim and has filed
appearance, the plaintiff may on notice apply to the Court for judgment against
the defendant on the ground that the defendant has no defence to a claim
included in the writ, or to a particular part of such a claim, or that the
defendant has no defence to such a claim or part of a claim, except as to the
amount of any damages claimed”.<o:p></o:p>The
legal principles relating to application for summary judgment are also settled
in numerous judgments of the court which set out those principles.<o:p></o:p>An
aggrieved person and his adversary have the right to access to court and with
it the right to have their day in court. Hence case laws dictate that the court
should only exercise its power to enter judgment without a trial provided t</main>