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SPRINGFIELD ENERGY LIMITED AND FIDELITY BANK GHANA LIMITED V. BULK OIL STORAGE AND TRANSPORTATION COMPANY LIMITED

(2019) JELR 69486 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO. H1/85/2018  •  17 Jul 2019  •  Ghana

Coram
P. K. GYAESAYOR JA (PRESIDING), CECILIA SOWAH JA, AMA GAISIE JA

Appearances
EZRA ALABI BORQUAYE FOR APPELLANT,SEAN OPOKU FOR RESPODENT

Judgement

JUDGMENT

GYAESAYOR, JA

The present appeal was filed on 13th September, 2016 against the decision of the High Court, granting summary judgement in favour of the plaintiff/respondent under Order 14 of C.I.47, the Civil Procedure Rules of the High Court.

The notice of appeal is found at page 173 of the record pf appeal. The defendant/appellant appeals against the entire summary judgment dated 18th August 2016 and the variation thereof dated 31st August 2016.

The grounds of appeal are set forth in the notice of appeal. This action is the result of a dispute arising out of an oil storage arrangement between the parties which resulted into a debt of USD$20,226,717.75 plus interest rate of 19% from November 13th to date of filed payment.

The endorsement on the writ which spells out the claim of plaintiff/respondent is found at page 35 and is as follows: -

1. Recovery of the sum of USD$20,226,717.75 being defendant’s cumulative indebtedness to 1st plaintiff as at 12th November, 2015.

2. Interest on …

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