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HADMORIS CO. LTD. V. F. Y. KYERE

(2002) JELR 63480 (CA)

Court of Appeal  •  CA/NO. 52/2002  •  4 Jul 2002  •  Ghana

Coram
WOOD JA (PRESIDING), GBADEGBE JA., AKOTO-BAMFO JA

Judgement

GBADEGBE, JA The question my lords which confronts us in this appeal is whether the learned trial judge was right in awarding interest on the sum of twenty nine million cedis only and not on the entire amount of fifty four million cedis which was indorsed on the writ of summons which initiated the action in the court below? In this delivery, for the sake of convenience, I shall refer to the parties as they were described in the court below. In the judgment with which we are concerned in this appeal, the learned trial judge limited the interest which he awarded to the amount in respect of which he entered judgment in the course of the proceedings at page 12 of the record in the following words:

“Judgment for plaintiff in the sum of ¢29, 000,000.00. Costs of 5 million cedis to plaintiff. Court defers question of interest to parties to negotiate. Adjourned to 15/3/2000.”

The said entry of judgment was preceded by the payment into court by the defendant of the sum of twenty five million ced…

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