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BANK OF AFRICA (GHANA) LTD V. 2K FARMS LTD AND 2 OTHERS

(2018) JELR 68886 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/36/2018  •  23 May 2018  •  Ghana

Coram
AKUFFO (MS) CJ (PRESIDING), ANSAH JSC, ADINYIRA (MRS) JSC, YEBOAH JSC, BAFFOE-BONNIE JSC

Judgement

ANSAH, JSC:-

This is an appeal from the judgment of the Court of Appeal, (Civil Division), Accra, coram, their Lordships V.D. Ofoe, JA (presiding), F.G. Korbieh and Her Ladyship, C.H. Sowah JJA, which dismissed the appeal against the judgment of the High Court brought before the said Court of Appeal (from the judgment of the High Court on the grounds) that:

‘(a) The judgment is against the weight of evidence,

(b) The Court of Appeal erred when it misapplied the law relating to the defense of an ‘Act of God’, and the misapplication of the law has occasioned the defendants/Appellants/Appellants substantial miscarriage of justice,

(c) The Court of Appeal did not apply the time-honored principle that a court of law should set aside a default judgment in the face of a valid defense to an action to pave the way for the adjudication of the case on its merits. The position taken by the Court of Appeal has occasioned the 1st, 2nd and 3rd defendants/Appellants/Appellants a substantial miscarriage o…

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