AGATE ENTERPRISE AND TRANSPORT SERVICES LTD V. KWAME DJAN & LEMET CONSTRUCTION CO.

JUDGMENT

SUURBAAREH, JA

This is an appeal against the judgment of the High Court, Commercial Division, Accra, dated 12th January, 2011. In the Court below, judgment was entered for the Plaintiff/Respondent, against the Defendants/Appellants. Even though both defendants/appellants filed separate Notices of Appeal against the judgment, by different Counsel, this appeal is in respect of only the 2nd Defendant/Appellant, filed on 27th January 2011, at page 235A of the record of appeal.

In this judgment, the parties will maintain their designations in the court below. The Plaintiff, per his original writ of summons of 17th May 2007, sought against the 1st and only defendant then, an order of specific performance of a sale agreement executed on 23rd March 2007; Damages for breach of contract; and cost. The 1st Defendant entered appearance and filed a defence and, by 30th July 2007, the only issue set down for trial at the Pre trial conference was:

“Whether or not the Plaintiff was entitled to …