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JUSTICE AWUKU SAO VRS GHANA SUPPLY COMPANY

(2009) JELR 92158 (SC)

Supreme Court  •  CIVIL APPEAL J4/15/2008  •  11 Mar 2009  •  Ghana

Coram
BROBBEY, J.S.C. (PRESIDING) ANSAH, J.S.C. ADINYIRA, J.S.C. DOTSE, J.S.C. ANIN YEBOAH, J.S.C.

Judgement

JUDGMENT


ADINYIRA (MRS), J.S.C:-

This is an appeal against the judgment of the Court of Appeal dated 4 February 2005 affirming an earlier judgment of the High Court Accra dated 1 March 2004 dismissing the action of the plaintiff/appellant ( hereinafter plaintiff.) The grounds of appeal are:

  1. The Court of Appeal erred in upholding the finding made by the learned trial judge that the comments submitted by the Plaintiff on the Interim Audit Report constituted a hearing and an opportunity to present his side of the case. The failure by the Court of Appeal to set aside that wrongful finding has occasioned the Plaintiff a grave miscarriage of justice.
  2.   The Court of Appeal fell into grave error in upholding the judgment of the trial court which judgment was totally against the weight of the evidence adduced at the trial having regard particularly to the unproven allegations of misconduct levelled against the Plaintiff and the trial courts own finding amongst others that the Final Audit Report on…

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