Japan Motors Trading Co. Ltd Vrs Attorney General [2023] GHAHC 104 (2 March 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 2ND DAY OF MARCH, 2023 BEFORE HIS LORDSHIP RICHARD APIETU (J) ------------------------------------------------------------------------------------------------------------ SUIT NO.: GJ/0036/2023 JAPAN MOTORS TRADING CO. LTD - PLAINTIFF/APPLICANT VRS.

ATTORNEY GENERAL - DEFENDANT/RESPONDENT ------------------------------------------------------------------------------------------------------------

SUMMARY JUDGMENT ------------------------------------------------------------------------------------------------------------ I have perused the Affidavit of Richard Khimson of Accra, the Deponent herein filed on 20th January 2023, in support of Motion on Notice for Summary Judgment. I have heard the submissions of Rosamond Awurabena Atta-Kesson Esq., Counsel for and on behalf of the Applicant herein. I have noted that even though on 24th January 2023, the notice of the Application for Summary Judgment was served on the Defendant, the Defendant up to today 2nd March 2023, has not filed any Affidavit in Opposition. I have also heard the submissions of Ivy Vanderpuije (PSA), Counsel for and on behalf of the Respondent that she is not opposed to the Application. It is my view that the Plaintiff/Applicant’s claim is clear and the Defendant/Respondent has not set up a bonafida defence to the claim neither has the Defendant/Respondent created a situation indicating that there are triable issues between the Defendant/Respondent and the Plaintiff/Applicant. In the circumstances, the Application for summary Judgment is hereby granted as prayed. (SGD)

JUSTICE RICHARD APIETU (HIGH COURT JUDGE) COUNSEL: ROSAMOND AWURABENA ATTA-KESSON HOLDING BRIEF OF DAVID KUDOADZI FOR THE PLAINTIFF/APPLICANT IVY VANDERPUIJE (PSA) FOR THE DEFENDANT/RESPONDENT 2