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KINGDOM HERBAL CENTRE LTD. V. BEIJING CLINIC AND DR. (ALT) AIJIN JIANG

(2013) JELR 66417 (CA)

Court of Appeal  •  SUIT NO: H1/134/2012  •  14 Nov 2013  •  Ghana

Coram
OWUSU M. J.A. (PRESIDING), GYAESAYOR J.A., LOVELACE-JOHNSON J.A.

Appearances
MR. MARTIN KPEBU FOR PLAINTIFF/APPELLANT,MR. NUTUFAFA NUTSUIKPUI FOR DEFENDANTS/RESPONDENTS

Judgement

JUDGMENT

MARIAMA OWUSU, J.A.

On 29-6-2010, the High Court, Commercial Division, Accra dismissed the plaintiff’s claim as not proved. The defendants counterclaim was upheld.

Dissatisfied with the decision of the trial court, the plaintiff appealed to the Court of Appeal on the following grounds:

1. That the learned trial Judge erred in refusing to grant the plaintiff the reliefs endorsed on plaintiff’s writ of summons.

2. The learned trial Judge erred in holding that the plaintiff had rather breached the contract with the 1st defendant and in awarding a nominal damage of one thousand Ghana cedis (GH¢1,000.00) against the plaintiff.

3. The learned trial Judge in holding that the plaintiff must pay one hundred and forty one thousand, nine hundred Ghana cedis (GH¢141,900.00) and one hundred and thirty-seven United States Dollars (US$137,700.00) with interest.

4. The learned trial Judge erred in awarding cost of two thousand Ghana cedis (GH¢2,000.00) against the plaintiff.

5. Additional grounds of…

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