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TATIANA BOYA V. MARIO DE CATALDO AND COTTAGE ITALIA INDUSTRIES LTD

(2014) JELR 66066 (CA)

Court of Appeal  •  CIVIL APPEAL NO. H1/109/2014  •  31 Jul 2014  •  Ghana

Coram
KANYOKEJ.A. (PRESIDING) ,KORBIEH J.A. , GYAN, J.A.

Judgement

JUDGEMENT

KANYOKE, J.A.

This is an appeal by the plaintiff/appellant (hereinafter referred to as the plaintiff) against the ruling of the Commercial Division of the High Court, Accra dated 30th September 2013 in which the plaintiff claimed reliefs relating to her alleged beneficial interest in the business and operation of the 2nd defendant – a company known as Cottage Italia Industries Ltd. At the conclusion of the evidence of the plaintiff and her sole witness, counsel for the 1st defendant/respondent (hereinafter called the 1st defendant), invited the court to entertain and uphold a submission that the 1st defendant had no case to answer. The court granted leave to the said counsel to file the submission of no case without putting the 1st defendant or his counsel to an election as normally procedurally required. However, counsel for the plaintiff raised no objection to the invitation to the court to entertain the submission of no case to answer even though he was present in court. In…

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