MET CAPITAL GROUP LIMITED V. GUARANTY TRUST BANK (GHANA) LTD. & ANOR

RULING

LOVELACE-JOHNSON, JSC:-

This is an application for consolidation of Civil Appeal No. H/112/2019 filed by the 1st Defendant/Respondent/Applicant in respect of the Court of Appeal judgment attached as exhibit A with the present appeal filed by the Plaintiff/Appellant/Appellant/Respondent.

Clearly the appeals being in respect of the same judgment delivered by the court of appeal, it makes sense to hear them together as a consolidated appeal. Both appeals arise from the same facts, that is, the same commercial transaction between the parties.

The position of counsel for the respondent is that he would not have opposed the present application but for the failure of the Applicant to give notice of his cross appeal as required by rule 9(1) of the Supreme Court Rules CI 16. Counsel for the Applicant admits that he failed to give the said notice.

It is this court’s considered opinion that the circumstances of this case being such that an order to consolidate the appeals in question is the mo…