CAL BANK V. GENERAL DEVELOPMENT COMPANY LTD

JUDGMENT

MARIAMA OWUSU, J.A:

This is an appeal against the decision of the High Court [Commercial Division], Accra dated 30-7-2010. The Court gave judgment in favour of the plaintiff against defendant for the reliefs endorsed on the writ of summons.

Dissatisfied with the decision of the High Court, the defendant appealed to the Court of Appeal on the following grounds:

[i] The judgment is against the weight of evidence.

[ii] The trial judge did not make any proper findings of fact having regard to the evidence and the pleadings.

[iii] The trial judge misdirected herself in law by granting reliefs endorsed on the writ of summons.

[iv] The trial judge did not give adequate consideration to the Defendant/Appellant’s case.

[v] Additional grounds of appeal would be filed upon receipt of the record of proceedings.

The relief sought from the Court of Appeal is a reversal of the judgment in favour of the Defendant/Appellant or in other alternative an order for re-trial.

Before dealing with the argument…