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EKOW ESSUMAN, BODJA ESSUMAN AND NANA ASARE BEDIAKO V. ABOSO GOLDFIELDS LTD

(2018) JELR 68305 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/22/2018  •  27 Jul 2018  •  Ghana

Coram
IRENE C. LARBI (MRS) J.A. (PRESIDING), LAWRENCE L. MENSAH) J.A., A. M. DOMAKYAAREH (MRS.) J.A.

Judgement

JUDGMENT

A. M. DOMAKYAAREH (MRS), J.A

1. This is an appeal against the judgment of the High Court, Sekondi dated 21st June 2017. In the said judgment, the learned High Court judge entered judgment for the plaintiff/respondent herein on all the reliefs endorsed on his Writ of Summons save for relief III(a) which will be particularised shortly.

2. The background to this appeal is that, the parties entered into two separate agreements by which the plaintiff/respondent was to provide haulage of tailing services to the defendant/appellant. The first agreement, marked Exhibit B is dated 30th March 2015 and was to take effect on 1st April, 2015 and expire on 31st December 2015. The second agreement marked Exhibit B1, is dated 6th July 2015 and was to take effect on 7th July 2015 and expire on 30th December 2015. There was no serious contention about the delivery of the first agreement but it is the operation of the second agreement that landed parties at the High Court, Sekondi, culminating in …

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