HIGH COURT, SEKONDI
DATE: 2ND APRIL, 1962
BEFORE: CHARLES, J.
CASES REFERRED TO
(1) McLardy v. Stateum (1890) 24 Q.B.D. 504; 59 L.J.Q.B. 154
(2) Roberts v. Plant [1895] 1 Q.B. 597, C.A.
[p.222] of [1962] 1 GLR 221
NATURE OF PROCEEDINGS
RULING on an application for summary judgment under Order 14, rule 1.
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.
