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EASTERN ALLOYS COMPANY LTD V. NATIONAL INVESTMENT BANK

(2018) JELR 65156 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/52/2018  •  26 Apr 2018  •  Ghana

Coram
FRANCIS KUSI-APPIAH J.A. (PRESIDING), AVRIL LOVELACE-JOHNSON J.A., HENRY A. KWOFIE J.A.

Judgement

JUDGMENT

HENRY KWOFIE J.A.

On the 21st of December 2016, the High Court, Accra found the defendant/Respondent liable for the wrongful closure of the plaintiff’s factory premises but refused to award the plaintiff any damages. Dissatisfied with the decision of the High Court, the plaintiff mounted this appeal by a Notice of Appeal dated 21st March 2017 which is at pages 404A – 404B of the Record of Appeal. The grounds of appeal set out in the Notice of appeal were:

a. That the judgment is against the weight of evidence.

b. Further grounds will be filed when the plaintiff receives a copy of the judgement.

On the 24th of October 2017, this Court granted the appellant leave to amend its Notice of appeal. The amended notice of appeal was filed by the appellant on 30th October 2017. By the amended notice of appeal, the defendant added an additional ground of appeal that is:

c. The learned trial judge erred in failing to award the plaintiff damages notwithstanding the finding that the closure of p…

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