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ABOAGYE FRIMPONG V. MADAM MARY MENSAH

(2012) JELR 63767 (CA)

Court of Appeal  •  APPEAL NO. H1/68/2012  •  30 Nov 2012  •  Ghana

Coram
F.G. KORBIEH J.A. (PRESIDING), IRENE C. DANQUAH (MS) J.A., I.O. TANKO AMADU J.A.

Judgement

I.O.TANKO AMADU J.A

1. This is an appeal from the judgment of the High Court Kumasi dated 15th June 2010 wherein the trial court found for the Plaintiff/Respondent and entered judgment for the recovery of the sum of ¢52,000,000.00 (GH¢5,200.00) from the Defendants/Appellants with interest at “either the then interest rate of the Ghana Commercial Bank or the National Investment Bank from 1st March 2000, till 1st March 2006”, general damages of GH¢1,000.00 and costs of GH¢6,000.00.

2. The facts of the case are that, by writ issued from the High Court Kuamsi on 8/9/2000, Plaintiff/Respondent Company

(hereinafter referred to as Respondent) commenced action against the Defendants/Appellants (hereinafter referred to as Appellants) by endorsing on the writ the Plaintiff’s description as follows “MEG 94 VIA VALLE BAGNATA ROME (suing per their Lawful Attorney AGYEMAN BOATENG) H/NO. N.A. 36 NKWABENG/ SUNYANI.

3. The Respondent had claimed from the Appellants jointly and severally as follows:

“(a). R…

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