Adjetey Vrs Imperial Homes Ltd [2023] GHAHC 94 (6 July 2023)

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE AT LAW COURT COMPLEX, ACCRA (GENERAL JURISDICTION 11) HELD IN ACCRA ON THURSDAY THE 6TH DAY OF JULY, 2023 BEFORE HIS LORDSHIP RICHARD APIETU (J) ------------------------------------------------------------------------------------------------------------ SUIT NO. GJ/0052/2023

MICHAEL ADJETEY -

PLAINTIFF VRS.

IMPERIAL HOMES LTD -

DEFENDANT ------------------------------------------------------------------------------------------------------------

SUMMARY JUDGMENT ------------------------------------------------------------------------------------------------------------ I have perused the affidavit of Pokua Allen-Koufie of Accra the deponent herein, filed on 21st June 2023 in support of Motion on Notice for Summary Judgment. I have heard the submissions of Tata Kosi Foliba Esq., Counsel for and on behalf of the Applicant herein. I have noted that even though on 23rd June 2023 the notice of the Application for Summary Judgment was served on Defendant’s Counsel through his clerk, the Defendant has up to date, 6th July 2023 not filed any Affidavit in Opposition. It is my view that the Plaintiff’s claim is clear and the Defendant has not set up any bonafide defence to the claim neither has the Defendant created a situation indicating that there are triable issues between the Defendant and the Plaintiff. The Application for Summary Judgment in respect of relief (iii) is hereby granted as prayed. Cost of GH¢10,000.00 is awarded in favor of the Plaintiff against the Defendant.

JUSTICE RICHARD APIETU (HIGH COURT JUDGE) (SGD.) COUNSEL:

TATA KOSI FOLIBA HOLDING BRIEF OF SEAN KWAMINA ADDO MENSAH

FOR THE PLAINTIFF

RANSFORD OFORI JNR FOR THE DEFENDANT 2