Richbay Commodity Limited v Zenith Hygiene Systems (GJ/CM/0459/2025) [2025] GHAHC 109 (17 July 2025)

IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE COMMERCIAL DIVISION HELD IN ACCRA ON THURSDAY THE 17TH DAY OF JULY, 2025 BEFORE HER LADYSHIP JUSTICE YAA ONYAMEYE GYAKOBO ‘JA’ SITTING AS AN ADDITIONAL HIGH COURT JUDGE SUIT NO. GJ/CM/0459/2025 TIME: 9:08 AM RICHBAY COMMODITY LIMITED - PLAINTIFF VRS. ZENITH HYGIENE SYSTEMS - DEFENDANT ------------------------------------------------------------------------------------------------------------ PARTIES: ABSENT COUNSEL: GODFRIED NYAKU FOR JUSTIN AMENUVOR FOR PLAINTIFF/APPLICANT CLAUDE OPPON FOR DEFENDANT/RESPONDENT ------------------------------------------------------------------------------------------------------------ COUNSEL FOR THE PLAINTIFF/APPLICANT We have before the court a motion on notice for summary judgment filed on 24th June, 2025. I move in terms of the motion paper, the supporting affidavit and the attached 1 exhibits. I rely on the depositions in the affidavit in support and pray that judgment is given in terms of the reliefs ‘a to c’ endorsed on the Writ of Summons. I pray accordingly. COUNSEL FOR DEFENDANT/RESPONDENT We essentially are not opposed to this application. I have had initial discussions with counsel in this matter as to settlement and subsequent filing of payment by instalment of the sum being claimed. BY COURT I have considered the application, the affidavit in support and attached exhibits filed on 24th June, 2025. The Respondent has not filed an affidavit in opposition and counsel for Respondent has informed the court that the Respondent is not opposed to the application. Having reviewed the application and attached exhibits and the pleadings on record, it is my view that the Defendant has no defence to the action. Accordingly, I will hereby enter judgment for the Plaintiff/Applicant in respect of reliefs ‘a and b’ endorsed on its Writ of Summons filed on 6th May, 2025. Costs of GHS10,000 is awarded in favour of Plaintiff against the Defendant (SGD) YAA ONYAMEYE GYAKOBO (J.A) JUSTICE OF THE COURT OF APPEAL (SITTING AS AN ADDITIONAL HIGH COURT JUDGE) 2