THE REGIONAL DIRECTOR HEALTH SERVICES V. NBINIWAYAR CONSTRUCTION LTD

JUDGMENT

APALOO JA

This is an appeal from the decision of the High Court Tamale dated 13/10/04. Arising out of that judgment the Defendants/Appellants to be hereinafter referred to as Appellants raised 3 grounds of appeal for consideration of this Court. They are;

“1. The learned Trial Judge erred when he held that two certificates in contention, both numbered 3A were prepared the same day represent separate works executed by the Respondents and therefore the Respondent is entitled to amounts contained in both certificates.

2. The learned trial Judge erred when he held that the evidence and explanation adduced by defence witnesses raise suspicion to an independent observer and must therefore inure to the benefit of the Respondents.”

The third ground is the omnibus one being that the judgment was against the weight of the evidence. By the two grounds of appeal it is clear that the Appellants’ attack on the judgment is founded on both the finding of fact made by the trial judge as well as …