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CLIPPER LEASING CORPORATION V. THE ATTORNEY GENERAL AND GHANA AIRWAYS LIMITED

(2017) JELR 64840 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H3/347/2016  •  19 Jan 2017  •  Ghana

Coram
OFOE JA (PRESIDING), KORBIEH JA , AGYEMANG (MRS.) JA

Judgement

AGYEMANG JA: In the instant application, the second defendant appellant/applicant makes the following prayers:

1. An order for the stay of execution of the judgment of the High Court, Commercial Division, Accra delivered on 5th February 2009;

2. An order setting aside the writ of summons and the proceedings thereon including judgment; and

3. That the plaintiff/respondent/respondent be made to refund all monies paid to it pursuant to the said judgment.

The matters antecedent to the application are the following:

The plaintiff/respondent/respondent (referred to hereafter as the respondent) brought suit at the High Court Commercial Division, on 13 July 2006 against the defendant/appellant/applicant (referred to as the applicant) for inter alia, the recovery of outstanding rent for the lease of an aircraft (MDDC10-30) and replacement engines. Judgment was entered against the applicant on 5th February 2009 for the payment of USD27, 000,000 as well as damages of GHC10, 000 for breach of contract…

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