IVORY FINANCE CO. LTD. V. GLOBAL GREEN BUILT (GH.) LTD. AND 4 OTHERS
(2015) JELR 66034 (CA)
Court of Appeal
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CIVIL SUIT NO: H1/103/2014
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18 Jun 2015
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Ghana
Coram
M. OWUSU (J.A.) - PRESIDING, ADUAMA OSEI (J.A.), SOWAH (J.A.)
Appearances
SALLEY H. BENJAMIN BOAHEN FOR 2ND – 5TH DEFENDANTS/RESPONDENTS,R. AMOFA FOR PLAINTIFF/APPELLANT
Judgement
<h2 class="ql-align-center">JUDGMENT</h2><p><strong>MARIAMA OWUSU, J.A.</strong></p><p>On 9-9-2013, the High Court, Commercial Division, Accra dismissed plaintiff’s action for lack of Statutory Compliance. The court held among other things as follows:</p><blockquote>“Reliefs 1 and 2 of 1<sup>st</sup> defendant’s counterclaim are accordingly refused.</blockquote><blockquote>I enter part judgment in favour of 1<sup>st</sup> defendant. I declare that plaintiff’s failure to give the statutory 30 days notice was in clear contravention of the Borrowers and Lenders Act of 2008 (Act 773).</blockquote><blockquote>There shall be no order as to costs.”</blockquote><p>Dissatisfied with the decision of the trial court, the plaintiff appealed to this court on the following grounds:</p><blockquote>a. The learned trial Judge erred in law by misapprehending the import and effect of Section 32 of the Borrowers and Lenders Act, 2008 (Act 773) which resulted in miscarriage of justice.</blockquote><blockquote>b. The learned trial Judge erred in law by failing to make a determination on the issues regarding the liability and defaults of the other respondents.</blockquote><blockquote>c. The judgment is against the weight of evidence…</blockquote>