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EKOW ESSUMAN V. ABOSO GOLDFIELDS LTD.

(2018) JELR 68271 (CA)

Court of Appeal  •  CIVIL APPEAL NO.H1/22/2017  •  20 Mar 2018  •  Ghana

Coram
IRENE CHARITY LARBI MRS. J.A (PRESIDING), L. L. MENSAH (J.A),ANGELINA M. DOMAKYAAREH MRS.( J.A)

Appearances
DOE TSIKATA (FOR DEFENDANT/APPELLANT); JOHN MERCER (FOR PLAINTIFF/RESPONDENT).

Judgement

RULING

IRENE CHARITY LARBI (MRS) J.A.

(1) This appeal is against the judgment of the High Court, Sekondi dated 21st day of June, 2017. In the said judgment, the court after full trial, held that the Plaintiff had proved his case on the preponderance of probabilities and therefore entered judgment in his favour by awarding;

(i)Ghâ‚¡2,582,000.00 as the cost of tailings supplied to theDefendant together with interest thereon from July 2015 to the date of payment.

(ii)Ghâ‚¡247,674.00 as outstanding haulage charges due from the Defendant together with interest thereon from July 2015 to date of final payment.

(iii)Ghâ‚¡200,000.00 as general damages for breach ofcontract and;

(iv) Costs of Ghâ‚¡30,000.00.

(2) The Defendant, dissatisfied with the whole judgment by its Notice of Appeal filed on 21st June, 2017 sought by way of relief to have the said judgment reversed based on the omnibus ground that the judgment is against the weight of evidence adduced at the trial. The Defendant in its amended ground of a…

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