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NAOS HOLDING INC V. GHANA COMMERCIAL BANK LTD

(2010) JELR 67257 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/28/2009  •  24 Nov 2010  •  Ghana

Coram
BROBBEY JSC (PRESIDING), DOTSE JSC, YEBOAH JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS) JSC

Appearances
WILLIAM ADDO FOR THE PLAINTIFF/APPELLANT/APPELLANT; KIZITO BEYUO FOR THE DEFENDANT/RESPONDENT/RESPONDENT.

Judgement

JUDGMENT

DOTSE, JSC

The facts leading to this case show a classic example of how time that is lost, can never be regained. We cannot but agree more with George Washington, in his letter to James Anderson, December 21st 1797, when he wrote thus:-

β€œThe man who does not estimate time as money will forever miscalculate.”

In view of the many suits that had been previously filed by the Appellants in this case, we deem it expedient to set out in some detail the facts that have given rise to the instant appeal. In doing so, we consider it important to set out in a historical context the antecedents of all the previous suits and relate their relationship to the instant appeal.

The plaintiffs/appellants/appellants (hereinafter referred to as the Appellants) in suit number OS 557/97 by originating summons in the High Court claimed for a declaration that they were the holders in due course and entitled to receive from the defendants/respondents/respondents (hereinafter referred to as the Respondent) t…

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