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ASANDOFF V. GFA

(2008) JELR 92130 (SC)

Supreme Court  •  SUIT NO: HI/179/08  •  19 Dec 2008  •  Ghana

Coram
E K PIASARE J A [PRESIDING] ,C J HONYENUGA J A , IRENE C DANQUAH JA

Appearances
MR. T SORY FOR THE DEFENDANT/APPELLANT KWASI BLAY & ASSOCIATES FOR PLAINTIFF/ RESPONDENT

Judgement

J U D G M E N T

IRENE C DANQUAH JA

This is an appeal against the judgment of the High Court Accra dated 18th May 2007 delivered by Her Lordship Justice Agyeman  Bempah (Mrs).  The appeal is against the whole decision.

The grounds of appeal are as follows:

  1. The trial court erred by holding that the defendant having at an earlier meeting agreed to pay plaintiff, defendant argument that plaintiff executed its obligation under the contract negligently was an after thought.
  2. The trial court erred in law in dismissing defendant’s Counter Claim.
  3. The judgment is against the weight of evidence.
  4. Additional grounds of appeal will be filed upon receipt of the record of proceedings.

The suit was commenced by the Plaintiff on 1st November 2004 against the defendant by issuing a writ of summons accompanied by a Statement of Claim.  The reliefs endorsed on the writ of summons are as follows:

  1. Recovery of the sum of ¢741,802,993.08 representing the unpaid balance for works executed for the defendants at Ridg…

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