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MESSRS ASKUS. COMPANY V. HARRY BOAKYE, JOJO BONNEY AND GUINNESS GHANA BREWERIES GROUP

(2016) JELR 67877 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/14/2015  •  20 Apr 2016  •  Ghana

Coram
AKUFFO (MS.) JSC (PRESIDING), GBADEGBE JSC, AKOTO- BAMFO (MRS) JSC, APPAU JSC, PWAMANG JSC

Judgement

JUDGEMENT

YAW APPAU, JSC

This is an appeal against the decision of the Court of Appeal dated 31st January 2014. The grounds of appeal are threefold and they are as follows:

a) That the learned justices of the Court of Appeal erred in law when they substituted their judgment for that of the trial High Court.

PARTICULARS OF ERROR OF LAW: Failing to make any Order in respect of certain reliefs granted the appellant herein by the trial High court and yet substituting its judgment for that of the trial High Court though the said reliefs were not appealed against by the defendants/appellants/respondents.

b) The learned justices of the Court of Appeal failed to exercise their discretion judicially when they substituted the award of Eighty thousand Ghana cedis (GH₵80,000.00) made in favour of the plaintiff/respondent/appellant by the learned trial judge with Five thousand Ghana cedis (GH₵5,000.00) as General Damages.

c) The judgment is against the weight of evidence.

The facts in this case are strai…

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