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HASNEM ENTERPRISES LIMITED V. IBM WORLD TRADE CORPORATION

(2001) JELR 68302 (SC)

Supreme Court  •  CIVIL APPEAL NO. 2/98  •  16 May 2001  •  Ghana

Coram
AMPIAH J.S.C. (PRESIDING),ATUGUBA J.S.C, MS. AKUFFO J.S.C,LAMPTEY J.S.C,ADZOE J.S.C.

Judgement

JUDGMENT

AKUFFO, J.S.C.

I have been privileged to see beforehand the erudite opinion of my brother Mr. Justice Adzoe, J.S.C. and, for the reasons stated therein, I am in full agreement with him that the appeal must succeed and the decision of the Court of Appeal be set aside.

I will therefore limit this opinion to the issue, raised in paragraph (c) of the additional grounds of appeal, regarding the proper period over which the interest awarded should remain exigible. In its amended counterclaim, filed on May 04, 1988, the appellant claimed an amount of ¢58,213.04 as the sum due for maintenance services previously rendered to the respondent, together with interest thereon at the Bank rate prevailing at the date of judgment, from 20th December 1984 up to the date of final payment. The trial court, after finding the said amount as being justly due and payable by the respondent, however, awarded interest thereon up to the date of the judgment, i.e., 16th May 1990. According to the appellant,…

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