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TIESO GHANA LTD V. EUROGET DE-INVEST SA

(2018) JELR 65215 (CA)

Court of Appeal  •  SUIT NO.H1/179/2018  •  15 Nov 2018  •  Ghana

Coram
MARIAMA OWUSU J.A (PRESIDING), AVRIL LOVELACE-JOHNSON J.A, HENRY A. KWOFIE J.A

Judgement

HENRY KWOFIE J.A:

This is an appeal against the ruling of the High Court (Commercial Division) dated 31st January 2018. The ruling the subject of the Appeal followed an application by the plaintiff/applicant/appellant for the adoption and signing of final judgment against the defendant/respondent in accordance with a purported arbitral award. The trial judge refused the application.

By a Writ of Summons filed on 13/04/2015, the plaintiff Company claimed against the defendant the following reliefs:

a. A declaration that the purported termination of the contract by the Defendant on the grounds of non-performance or delayed performance per letter dated 2nd April 2015 is unreasonable, procedurally wrong and unjust.

b. A further declaration that the Defendant before writing its letter of termination was in breach of the procedural notice under section 15 of the condition of contract.

c. An order that the Defendant’s behaviour prior to the termination and during the subsistence of the contract w…

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