RANA MOTORS & METAL WORKS ENGINEERING CO. LTD & ANOR. VRS CEASAR JOANA & 3 ORS. (LD/0263/2024) [2024] GHAHC 197 (11 June 2024)

RANA MOTORS & METAL WORKS ENGINEERING CO. LTD & ANOR. VRS CEASAR JOANA & 3 ORS. (LD/0263/2024) [2024] GHAHC 197 (11 June 2024)

The court refused the application for summary judgment because the 1st defendant had filed a statement of defence, albeit out of time and without leave, and the court is bound to consider such a defence. Furthermore, since the reliefs sought include a perpetual injunction and title is in issue, the matter must proceed to trial.

Citation
RANA MOTORS & METAL WORKS ENGINEERING CO. LTD & ANOR. VRS CEASAR JOANA & 3 ORS. (LD/0263/2024) [2024] GHAHC 197 (11 June 2024)
Parties
Plaintiff/applicant: Rana Motors & Metal Works Engineering Co. Ltd; Plaintiff/applicant: Eakaza Limited; 1st Defendant/respondent: Caesar Joana; 2nd Defendant: Margaret Lilian Ntim; 3rd Defendant: Benjamin Aggrey Ntim; 4th Defendant: Samuel Vazmark Voegborlo
Court
ghahc
Jurisdiction
Ghana
Judgment Date
11 June 2024
Procedural Posture
Land Dispute / Ruling on Application for Summary Judgment
Outcome
application dismissed
Legal Topics
Summary Judgment, Statement of Defence, Perpetual Injunction, Trial Necessity
Source Language
eng
Civil Procedure Land Law Summary Judgment Statement of Defence Perpetual Injunction Trial Necessity

Case Brief

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Parties

Rana Motors & Metal Works Engineering Co. Ltd

Plaintiff/applicant

Eakaza Limited

Plaintiff/applicant

Caesar Joana

1st Defendant/respondent

Margaret Lilian Ntim

2nd Defendant

Benjamin Aggrey Ntim

3rd Defendant

Samuel Vazmark Voegborlo

4th Defendant

Procedural Posture

Land Dispute / Ruling on Application for Summary Judgment

Legal Issues

  1. 1 Whether summary judgment can be granted when a statement of defence is filed out of time without leave
  2. 2 Whether the court can grant reliefs including perpetual injunction without trial when title is in issue

Ratio Decidendi

The court refused the application for summary judgment because the 1st defendant had filed a statement of defence, albeit out of time and without leave, and the court is bound to consider such a defence. Furthermore, since the reliefs sought include a perpetual injunction and title is in issue, the matter must proceed to trial.

Court Disposition

application dismissed

Orders

  • Application for summary judgment is dismissed.