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

IN THE CIRCUIT COURT “A”, TEMA, HELD ON MONDAY, THE 29TH DAY OF FEBRUARY, 2024, BEFORE HER HONOUR AGNES OPOKU-BARNIEH, CIRCUIT COURT JUDGE SUIT NO. C11/118/21 DEREK DANSO AFRIYIE ------ PLAINTIFF/APPLICANT VRS. ALUWORKS LIMITED ----- DEFENDANT/RESPONDENT PLAINTIFF ABSENT REPRESENTED BY DEREK DANSO AFRIYIE JNR (SON) DEFENDANT/RESPONDENT ABSENT FRANCIS GARIBA AKPA, ESQ. FOR THE APPLICANT PRESENT ____________________________________________________________________ BENCH RULING ON SUMMARY JUDGMENT I have determined the instant application based on the motion paper, the supporting affidavit, the annexures, the writ of summons and the statement of claim as well as processes filed in the instant case. Under Order 14 Rules 1 and 3 of C. I 47, respectively provides as follows; “(1) when in an action, a defendant has been served with a statement of claim and has filed appearance, the plaintiff may on notice apply to the court for judgment against the defendant on the ground that the defendant has no defence to a claim included in the writ or to a particular part of such a claim or that the defendant has no defence to such a claim or part of a claim except as to the amount to any damages claimed.” (3) A defendant may show cause against the application by affidavit or otherwise to the satisfaction of the Court. The purpose of summary judgment as stated by the Supreme Court in the case of Sam Jonah v. Duodu-Kumi [2003-2004] SCGLR page 50 at page 54, is to facilitate the 1 early conclusion of actions where it is clear from the pleadings that the defendant has no cogent defence to the action. It is also intended to prevent a plaintiff from being delayed when there is no fairly arguable defence to the action. It has also been held that the discretion of the court to grant summary judgment must be exercised judiciously and with great circumspection in order not to shut the door of justice on a defendant unless it is manifestly clear that the defendant has no defence to the action. In the instant case the defendant was duly served with the writ of summons and the statement of claim and filed a conditional appearance on 5th August, 2023 but failed to move the court within 14 days as required by the rules. The conditional appearance has therefore crystallized into an unconditional appearance. The defendant was also served with the instant application for summary judgment on 21st February, 2024 and under Order 14 Rule 2(3) the defendant had 4 days to show cause but has failed to do so. Under the circumstances, based on the depositions contained in the affidavit and the exhibits attached the application for summary judgment against the defendant is granted for the plaintiff to recover as follows; 1) An order for specific performance on the defendant to supply the aluminium roofing sheets or in the alternative the plaintiff shall recover an amount of GH¢ 82, 188.53 with interest at the prevailing commercial bank rate till the date of final payment. 2) Costs of Five Thousand Ghana Cedis is awarded in favour of the applicant against the respondent. The relief for damages is struck out as withdrawn. SGD. H/H AGNES OPOKU-BARNIEH (CIRCUIT COURT JUDGE) 2