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SKY CONSULT (GHANA) LIMITED V. GHANA POST COMPANY LIMITED

(2012) JELR 66134 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/18/2012  •  22 Mar 2012  •  Ghana

Coram
HENRIETTA ABBAN J.A. (PRESIDING), MARIAMA OWUSU J.A., FRANCIS KORBIEH J.A.

Appearances
MR. STANLEY AMARTEIFIO FOR DEFENDANT/APPELLANT,MR. THOMAS HUGHES FOR PLAINTIFF/RESPONDENT.

Judgement
<p>MARIAMA OWUSU, J.A.: On the 18-1-2010, the High Court, Accra ruled that:</p><p><em>“Having heard counsel’s argument and upon reading the processes filed, I am of the view that the application has been properly laid. I do not see any defence raised by the Defendant’s Statement of Defence. I therefore grant the application and enter summary Judgment for the plaintiff against the defendant for all the reliefs endorsed on the writs of summons as follows:</em></p><p><em>a. Refund of GH¢978,466.00</em></p><p><em>b. Interest as at 1</em><em><sup>st</sup></em><em> January, 2005.</em></p><p><em>Cost of GH¢2,000.00 for the plaintiff against the defendant”</em></p><p>Dissatisfied with the decision of the High Court, the Defendant appealed to this court.</p><p><em>The Grounds of Appeal are:</em></p><p><em>i. The Learned Judge erred in law in summarily giving judgment to the plaintiff for the sum of GH¢978,466.00 with interest from 1-1-2005 when the evidence before him disclosed that the business started in June 2005 and that no such amount was owed to plaintiff as at 1-1-2005.</em></p><p><em>ii. The Learned Judge erred in law when he re…</em></p>

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