JUDGMENT
DR. S. TWUM, J.S.C.
This is an appeal from the judgment of the Court of Appeal dated 12th November 2004. It substantially confirmed the judgment of the trial High Court delivered on 24th May 2001.
Even though the Court of Appeal claimed to have confirmed the judgment of the trial High Court, dated 24th May 2001, its final order dismissed the trial Court’s holding that “the 2nd Plaintiff is liable to the 1st Defendant in this matter and must indemnify the 1st Defendant who raised indemnity in its Statement of Defence.”
It is against this judgment that the 1st Defendant/Appellant (hereinafter called “the Appellant”) has appealed to this Court. It was aggrieved by the decision of the Court of Appeal holding it liable for the loss of the sum of US $82,000.00 belonging to the 1st Plaintiff/Respondent (hereinafter called “the Respondent”)
The Appellant filed three grounds of appeal, namely:
a. The Court erred in the light of statutory and case law position to the contrary, in affirming t…