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INTERNATIONAL ROM LIMITED v. VODAFONE GHANA LTD & Anor

(2019) JELR 107052 (CA)

Court of Appeal  •  H1/97/2019  •  21 Nov 2019  •  Ghana

Coram
B. F. ACKAH-YENSU, JA (PRESIDING). CECILIA SOWAH, JA. POKU-ACHEAMPONG, JA

Judgement

JUDGMENT

B. ACKAH-YENSU, JA

The critical issue raised for determination in this appeal is whether there is any financial liability of the 1st Defendant/Respondent (hereinafter referred to simply as the “Respondent”) under the Judgment of the High Court dated May 15, 2013, which was wholly affirmed by this Court and the Supreme Court subject however to a variation in the award made in favour of the Plaintiff/Appellant (also to be referred to simply as the “Appellant” hereinafter), for the benefit of the 2nd Defendant to the effect that the Appellant and Respondent hereinafter be jointly liable to the 2nd Defendant. The instant dispute has been occasioned by the respective conflicting interpretation of the Judgment and Ruling of the Supreme Court.

FACTS

The factual background of this case is this:

By a Writ of Summons issued on 19th August 2009, the Appellant herein claimed against the Respondent as follows:

“(i) … a total outstanding amount of US$4,893,057.08 being unpaid bills by the Defend…

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