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SAMIR KALMONI V. A. B. ASSAN AND AGRISPEL LTD

(2010) JELR 69774 (CA)

Court of Appeal  •  SUIT NO. H1/177/2009  •  21 Jan 2010  •  Ghana

Coram
ASARE-KORANG JA – (PRESIDING), MARFUL-SAU JA, VICTOR OFOE JA

Judgement

MARFUL-SAU JA; This appeal prays for the variation of the judgment delivered by the High Court (Commercial Division) Accra dated the 18-11-08. By a Notice of Appeal filed on the 25-11-08, the Plaintiff/Appellant appealed against the said judgment of the High Court on two substantive grounds namely:

That the learned trial judge erred when she ordered that debts accruing to the 2nd Defendant Company be paid to the 1st Defendant/Respondent.

That the learned trial judge erred when she failed and/or neglected to evaluate Exhibit ‘6’ series (audited accounts) even though she held that the 2nd Defendant Company ‘s business had come to a stop as a result of the Plaintiff’s refusal to have the Defendant Company cheques co-signed.

The Defendants/Respondents on the 10-12-08 also filed a notice contending that the judgment be varied, regarding their counterclaim in relief (2), which was granted by the trial High Court. The part of the judgment sought to be varied is as follows:-

“an order that debts …

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