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MILLICOM GHANA LTD V. DN NETWORK GHANA LTD

(2017) JELR 67661 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/120/2017  •  16 Nov 2017  •  Ghana

Coram
ACQUAYE J.A (PRESIDING), DZAMEFE J.A., AGYEMANG (MRS) J.A

Appearances
MR. REGINALD NII ODOI FOR DEFENDANT / APPELLANT,MR. BAFFOUR GYAN BONSU ASHIA FOR PLAINTIFF / RESPONDENT

Judgement

JUDGMENT

AGYEMANG JA

In this interlocutory appeal against the ruling of the High Court (Commercial Division) Accra, delivered on 11th October 2016, the appellant seeks twin orders: to set aside the ruling of the court below, and to grant the defendant leave to amend its statement of defence.

These are the matters antecedent to the appeal:

The plaintiff/respondent (hereafter referred to as the plaintiff) by an amended writ of summons sought alternative reliefs grounded on an alleged breach of contract. More particularly, the plaintiff sought declarations that the contract between the parties had been breached by the defendant. It also claimed damages for the alleged breach, an order for payment of loss of earnings, as well as an order for the payment of interest on the said sum. In the alternative, the plaintiff sought a declaration that the defendant had infringed the plaintiff’s copyright, and that it was entitled to accounts on sums received under it, damages for the alleged infringemen…

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