Godfred Odoi Laryea Vrs Niimarkwei Adjor & Anor. [2023] GHACC 308 (4 January 2023)

Godfred Odoi Laryea Vrs Niimarkwei Adjor & Anor. [2023] GHACC 308 (4 January 2023)

There are triable issues as the admissions do not unequivocally establish that the defendants personally received the monies in respect of the land, thus judgment on admission is not appropriate.

Citation
[2023] GHACC 308
Parties
Plaintiff/applicant: Godfred Odoi Laryea; 1st Defendant/respondent: Nii Markwei Korley Adjor; 2nd Defendant/respondent: Unknown (1 Anor)
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
4 January 2023
Procedural Posture
Civil / Ruling on Application for Judgment on Admission
Outcome
Application dismissed
Legal Topics
Judgment on Admission, Land Sale Dispute, Refund of Purchase Price
Source Language
English
Civil Procedure Contract Judgment on Admission Land Sale Dispute Refund of Purchase Price

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Parties

Godfred Odoi Laryea

Plaintiff/applicant

Nii Markwei Korley Adjor

1st Defendant/respondent

Unknown (1 Anor)

2nd Defendant/respondent

Procedural Posture

Civil / Ruling on Application for Judgment on Admission

Legal Issues

  1. 1 Whether the admissions by the defendants entitle the plaintiff to judgment on admission under Order 23 rule 6(2) of the High Court Civil Procedure Rules, C.I. 47, 2004
  2. 2 Whether there are triable issues remaining that preclude summary judgment

Ratio Decidendi

There are triable issues as the admissions do not unequivocally establish that the defendants personally received the monies in respect of the land, thus judgment on admission is not appropriate.

Court Disposition

Application dismissed

Orders

  • Cost of GH¢700.00 awarded against the Plaintiff/Applicant