AFRIYIE VRS ALUWORKS LIMITED [2024] GHACC 2 (29 February 2024)

AFRIYIE VRS ALUWORKS LIMITED [2024] GHACC 2 (29 February 2024)

Defendant failed to show cause or file a defence within the required period after being served, and the affidavit and exhibits support the plaintiff's claim. Summary judgment is granted as defendant has no defence.

Citation
AFRIYIE VRS ALUWORKS LIMITED [2024] GHACC 2 (29 February 2024)
Parties
Plaintiff/applicant: Derek Danso Afriyie; Defendant/respondent: Aluworks Limited
Court
ghacc
Jurisdiction
Ghana
Judgment Date
29 February 2024
Procedural Posture
Civil / Summary Judgment Ruling
Outcome
summary judgment granted for plaintiff
Legal Topics
Summary Judgment, Specific Performance, Damages, Costs
Source Language
eng
Contract Law Summary Judgment Specific Performance Damages Costs

Case Brief

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Parties

Derek Danso Afriyie

Plaintiff/applicant

Aluworks Limited

Defendant/respondent

Procedural Posture

Civil / Summary Judgment Ruling

Legal Issues

  1. 1 Whether the defendant has a defence to the plaintiff's claim for specific performance or payment.
  2. 2 Whether summary judgment should be granted against the defendant.

Ratio Decidendi

Defendant failed to show cause or file a defence within the required period after being served, and the affidavit and exhibits support the plaintiff's claim. Summary judgment is granted as defendant has no defence.

Court Disposition

summary judgment granted for plaintiff

Orders

  • Specific performance ordered for defendant to supply aluminium roofing sheets or, in the alternative, plaintiff to recover GH¢82,188.53 with interest at prevailing commercial bank rate until final payment.
  • Costs of GH¢5,000 awarded to applicant against respondent.