ATLANTA TIMBER CO. v. VICTORIA TIMBER CO. LTD.
[HIGH COURT, SEKONDI]
DATE: 2ND APRIL, 1962
COUNSEL
E. B. Gaisie for the plaintiffs-applicants.
Joe Reindorf for the defendants-respondents.
JUDGMENT OF CHARLES J.
This is an application for summary judgment under Order 14, rule 1 of the Supreme [High] Court
(Civil Procedure) Rules, 1954. The plaintiffs have filed an affidavit in support of the application. The
defendants filed an affidavit opposing the application. Although they had filed a defence to the action
this does not preclude the court from entertaining the application. In McLardy v. Stateum1(1) such an
application was successfully made one month after the defence had been filed. In Roberts v. Plant2(2)
it was held that the purpose of Order 14 (1) of the English rules which is in pari materia with the
provisions of Order 14 (1) of our rules is to enable a plaintiff to obtain summary judgment without
trial, if he can prove his claim clearly. If the defendant is unable to set up a bona fide defence or raise an issue against the claim which ought to be tried, then the application should be granted.
After hearing arguments advanced by both counsel I am satisfied that there is at least a triable issue of
fact. Moreover I agree with counsel for the defendants that this court should not decide the issue
raised merely on the affidavit filed in connection with this application. I therefore dismiss the
application but costs will abide the result of the action. Case fixed for hearing peremptorily on the
11th May, 1962.
DECISION
Application dismissed.
