STEPHEN OFOSUHENE VS MATHIAS GOLLO [2023] GHACC 553 (3 February 2023)

STEPHEN OFOSUHENE VS MATHIAS GOLLO [2023] GHACC 553 (3 February 2023)

The applicant's claim is clear, liquidated, and supported by documentary evidence. The respondent's defence is a mere denial, unsupported by facts or evidence, and does not raise any triable issue. Summary judgment is therefore granted for the sum claimed with interest and costs.

Citation
[2023] GHACC 553
Parties
Plaintiff/applicant: Stephen Ofosuhene (suing per his lawful attorney Cassandra Asafo); Defendant/respondent: Mathias Gollo
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
3 February 2023
Procedural Posture
Civil / Ruling on Motion for Summary Judgment
Outcome
Summary judgment granted for the applicant.
Legal Topics
Summary Judgment, Breach of Contract, Recovery of Monies, Interest, Costs
Source Language
English
Contract Law Civil Procedure Summary Judgment Breach of Contract Recovery of Monies Interest Costs

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Parties

Stephen Ofosuhene (suing per his lawful attorney Cassandra Asafo)

Plaintiff/applicant

Mathias Gollo

Defendant/respondent

Procedural Posture

Civil / Ruling on Motion for Summary Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to summary judgment for the sum claimed
  2. 2 Whether the respondent has raised any triable issues or bona fide defence

Ratio Decidendi

The applicant's claim is clear, liquidated, and supported by documentary evidence. The respondent's defence is a mere denial, unsupported by facts or evidence, and does not raise any triable issue. Summary judgment is therefore granted for the sum claimed with interest and costs.

Court Disposition

Summary judgment granted for the applicant.

Orders

  • Respondent to pay GHS61,500 to the applicant.
  • Interest at the prevailing bank rate from April 2019 until final payment.