Axex Company Ltd Vrs Opoku and Others [2012] GHASC 39 (19 July 2012)

Axex Company Ltd Vrs Opoku and Others [2012] GHASC 39 (19 July 2012)

The writ and statement of claim together disclosed a cause of action; procedural defects in the writ were cured by the statement of claim and appellants' unconditional participation. Summary judgment was properly entered based on unequivocal admissions of liability, and no valid objection was raised regarding fraud or procedural form.

Citation
[2012] GHASC 39
Parties
Plaintiff/respondent/respondent: Axex Company Limited; Defendant/appellant/appellant: Kwame Opoku; Defendant/appellant/appellant: Sylop Company Limited; Defendant/appellant/appellant: Unique Company Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 July 2012
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Judgment on Admissions, Cause of Action, Procedural Irregularity, Jurisdiction
Source Language
English
Civil Procedure Company Law Summary Judgment Judgment on Admissions Cause of Action Procedural Irregularity Jurisdiction

Case Brief

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Parties

Axex Company Limited

Plaintiff/respondent/respondent

Kwame Opoku

Defendant/appellant/appellant

Sylop Company Limited

Defendant/appellant/appellant

Unique Company Limited

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the writ disclosed a cause of action
  2. 2 Whether summary judgment was properly entered based on admissions
  3. 3 Whether procedural defects in the writ nullified the proceedings

Ratio Decidendi

The writ and statement of claim together disclosed a cause of action; procedural defects in the writ were cured by the statement of claim and appellants' unconditional participation. Summary judgment was properly entered based on unequivocal admissions of liability, and no valid objection was raised regarding fraud or procedural form.

Court Disposition

appeal dismissed

Orders

  • Respondent to pay filing fees for US$3,042,000.00 at the prevailing rate as of filing date; payment is a condition precedent to enforcement or execution of summary judgment entered on 14 March 2007