SKY CONSULT (GHANA) LIMITED. V. GHANA POST COMPANY LTD.
(2012) JELR 66165 (CA)
Court of Appeal
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CIVIL APPEAL SUIT NO: HL/18/2012
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22 Mar 2012
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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><strong>MARIAMA OWUSU, J.A.</strong></p><p> 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 1st January, 2005. </em></p><p><em>c. 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…</em></p>