FBN applied for permission to apply for summary judgment (in the absence of an acknowledgment of service or defence) and for summary judgment in its claim for over US$7m under a facility agreement.
Jacobs J considered the applicable principles guiding the court’s discretion to grant permission to apply for summary judgment under CPR 24.4.1, and granted such permission, finding that:
(1) The defendant had ample notice of the proceedings.
(2) The claim had been validly served under both CPR 6.40 and CPR 6.42.
(3) It was clear that the court had jurisdiction to hear the claim.
(4) There was a good reason why FBN was seeking summary judgment rather than default judgment, the reason being that a summary judgment may be more readily enforceable in Ghana.
Jacobs J also granted summary judgment, concluding that the defendant had no real prospect of successfully defending the claim and that there was no other compelling reason why the case should be disposed of at trial, FBN having demonstrated that the money claimed was due and owing to it.
Nehali Shah, instructed by Norton Rose Fulbright, acted for FBN. You can view the full Judgment here.