CLIPPER LEASING CORPORATION V. THE ATTORNEY-GENERAL AND GHANA AIRWAYS IN LIQUIDATION
(2016) JELR 66042 (SC)
Supreme Court
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CIVIL APPEAL NO. J4/40/2015
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9 Mar 2016
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Ghana
Coram
AKUFFO (MS.) JSC (PRESIDING), BAFFOE - BONNIE JSC, AKOTO – BAMFO (MRS) JSC, APPAU JSC, PWAMANG JSC.
Appearances
J ESINE OKUDJETO ESQ. WITH HER NAA AMORKOR AMARTEIFIO ROSEMARY OWUSU AND JUSMINE BABA FOR THE PLAINTIFF /APPELLANT /APPELLANT; CECIL ADADEVOR (PSA) FOR THE 1ST DEFENDANT/RESPONDENT /RESPONDENT.
Judgement
<p>JUDGEMENT</p><p>PWAMANG, JSC.</p><p>This is an appeal against the unanimous decision of the Court of Appeal dated 10<sup>th</sup> May, 2012 dismissing a Cross Appeal against the judgment of the High Court, Accra delivered on 5<sup>th</sup> February, 2009.</p><p>The Plaintiff/Appellant/Appellant, hereinafter referred to as ‘the Appellant’, brought an action in the Commercial Division of the High Court, Accra against the Defendants/Respondents/Respondents, hereinafter referred to as ‘the Respondents’, in respect of claims it had against Ghana Airways Ltd, hereinafter referred to as ‘the 2<sup>nd</sup> defendant’. The Appellant is an aircraft leasing company registered in Antigua and by an agreement dated 7<sup>th</sup> March 1997 it leased a DC-10-30 aircraft to the 2<sup>nd</sup> defendant for a period of 36 months on a dry lease basis.</p><p>At the end of the lease period Appellant had some outstanding claims against 2<sup>nd</sup> defendant in respect of rent, maintenance reserves and engine repairs it carried out on behalf of 2<sup>nd</sup> defendant. In the meantime, by the terms of t…</p>