DANSIAM AND SONS LIMITED V. BUDGET CASH AND CARRY LIMITED

JUDGMENT

SOWAH, J.A.:

Introduction

This appeal is from the judgment of the Commercial Division of the High Court, Accra dated 14^th February 2017 in which the defendant's counterclaim was dismissed in its entirety whilst the plaintiff was adjudged to recover the following:

Recovery of the sum of GH¢262,497.00

Interest on the said sum of GH¢262,497.00 from April 2013 to date of final payment

Costs inclusive of legal and administrative cost

Recovery of the sum of GH¢990,200.00 being additional cost for excavating and carting away from the inside of the warehouse at construction site of the defendant unsuitable clayey soil measuring 1380m² and to a depth of 1.10m and hard core filling up levels and compacted in 225mm layers.

Interest on the sum of GH¢990,200 from April 2013 to date of final payment.

Dissatisfied with the trial court’s decision, the defendant/appellant filed a notice of appeal on 20^th February 2017 and amended it on 25^th January 2018 pursuant to leave.

The Grounds of appeal as filed…