SAKYI V. APPIAH

AMPIAH JA.

On 4 March 1988 the plaintiff took action in the Circuit Court, Kumasi, against the defendant for ¢1,000,000 damages for unlawful assault. The defendant denied the plaintiff’s claim and counterclaimed for ¢2,000,000 damages for insult and assault. On 31 January 1990, the learned trial judge gave judgment in favour of the plaintiff on his claim. He however, did not say anything about the defendant’s counterclaim. The defendant has appealed against the judgment on the ground that the judgment was against the weight of evidence.

On 27 March 1992 however, the defendant filed two additional grounds of appeal. These, by leave of the court, were admitted for argument. One of the grounds of appeal is that the trial judge failed to give judgment on the counterclaim thus rendering the whole trial inconclusive.

The record shows without doubt that the trial judge never pronounced on the counterclaim of the defendant. The legal position is that the counterclaim and the claim are two separa…