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IBM WORLD TRADE CORPORATION V. HASNEM ENTERPRISES LTD

(2001) JELR 68278 (SC)

Supreme Court  •  16 May 2001  •  Ghana

Coram
AMPIAH JSC, ATUGUBA JSC, AKUFFO JSC, LAMPTEY JSC, ADZOE JSC

Judgement

JUDGEMENT

AKUFFO JSC.

I have been privileged to see beforehand the erudite opinion of my brother Adzoe JSC 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 4 May 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, ie from 20 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, ie 18 May 1990. According to the appellant, taking into account the tim…

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