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FOOTPRINT SOLUTIONS CO. LTD V. LEO & LEE COMPANY LTD

(2013) JELR 66945 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/52/2011  •  24 May 2013  •  Ghana

Coram
DR. DATE BAH J.S.C. (PRESIDING), ANIN YEBOAH J.S.C., BAFFOE BONNIE J.S.C., BENIN J.S.C., AKAMBA J.S.C.

Appearances
HANSEN KODUAH (WITH HIM FELIX DATSOMOR) FOR THE PLAINTIFF /APPELLANT/APPELLANT; EDWARD ANOKYE FOR THE DEFENDANT/RESPONDENT/RESPONDENT.

Judgement

JUDGMENT

AKAMBA, J.S.C

The Court of Appeal delivered a ruling on 25th day of January 2010 in which it granted a stay of proceedings pending appeal, filed by the defendant/appellant/respondent, herein after simply referred as the respondent, against a decision of the High Court, Kumasi in favour of the Plaintiff/Appellant/ Appellant, hereinafter simply referred as the Appellant. Dissatisfied with the aforesaid ruling, the appellant has filed a number of grounds before this court for determination.

FACTS

Before dealing with the grounds and merits of this appeal, a brief overview of the facts leading to the case is necessary in order to appreciate the present matter. It all begun when the Appellant as plaintiff issued a writ of summons at the High Court Kumasi seeking a recovery of the sum of GHC 20,000 being part payment it made to the respondent for the supply of a printer which proved mechanically faulty and/or malfunctional upon delivery. It also claimed interest on the amount. The respo…

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