Ayitey Vrs Quaye [2003] GHACA 1 (16 January 2003)

Ayitey Vrs Quaye [2003] GHACA 1 (16 January 2003)

The trial judge erred in treating the defendant's defence as frivolous and entering summary judgment, as the defendant's affidavit and statement of defence raised genuine triable issues that required determination at trial.

Citation
[2003] GHACA 1
Parties
Plaintiff/respondent: Frank Ayitey; Defendant/appellant: Juliana Quaye
Court
Court of Appeal
Jurisdiction
Ghana
Judgment Date
16 January 2003
Procedural Posture
Civil Appeal / Appeal From Summary Judgment
Outcome
Appeal allowed
Legal Topics
Summary Judgment, Money Had and Received, Cause of Action, Triable Issues
Source Language
English
Civil Procedure Contract Summary Judgment Money Had and Received Cause of Action Triable Issues

Case Brief

Summary, issues, holding and outcome

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Parties

Frank Ayitey

Plaintiff/respondent

Juliana Quaye

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the defendant's affidavit in opposition disclosed a reasonable defence to the plaintiff's action
  2. 2 Whether the defendant should have been granted leave to defend the action on the merits
  3. 3 Whether the trial judge erred in treating the defence as frivolous and entering summary judgment

Ratio Decidendi

The trial judge erred in treating the defendant's defence as frivolous and entering summary judgment, as the defendant's affidavit and statement of defence raised genuine triable issues that required determination at trial.

Court Disposition

Appeal allowed

Orders

  • Case remitted to the lower court for hearing on the merits