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YESTERDAY GLORY COMPANY LTD V. SIDALCO LIMITED

(2017) JELR 63703 (CA)

Court of Appeal  •  CIVIL APPEAL: H1/126/2016  •  9 Mar 2017  •  Ghana

Coram
V. D. OFOE JA (PRESIDING), I. C. LARBI (MRS.) JA, M. M. AGYEMANG (MRS.) JA

Judgement

AGYEMANG JA:

In this appeal against the judgment of the High Court delivered on the 6th of May 2015, the appellant seeks the following reliefs:

1. An order setting aside the judgment of the trial High Court...

2. An order directing the defendant/respondent to pay the Cedi equivalent of Euros 318,000.00 as of date(less the initial payment less the initial payment of GHC 801, 360.00 to the plaintiff/applicant) in settlement of the cost of the machinery and equipment purchased from the plaintiff/appellant in the year 2012.

The matters that have given rise to the present appeal are sufficiently simple:

It is common cause that the parties entered into a contract sometime in October 2012 for the plaintiff/appellant (hereafter referred to alternately as the plaintiff or the appellant), to supply two (2) DAF Tipper Trucks and one (1) CAT Roller to the defendant/respondent (hereafter referred to alternately as the defendant or the respondent).

The plaintiff supplied the items contracted for and then…

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