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YOO MART LIMITED V. STANDARD CHARTERED BANK

(2023) JELR 114278 (SC)

Supreme Court  •  J4/43/2022  •  21 Jun 2023  •  Ghana

Coram
BAFFOE-BONNIE JSC (PRESIDING), OWUSU (MS.) JSC, PROF. MENSA-BONSU (MRS.) JSC, ACKAH-YENSU (MS.) JSC, ASIEDU JSC

Appearances
FELIX QUARTEY ESQ. FOR PLAINTIFF/RESPONDENT/APPELLANT ELIKEM ADISENU-DOE ESQ. FOR DEFENDANT/APPELLANT/RESPONDENT

Judgement

JUDGMENT

OWUSU (MS.) JSC:-

On 14 of February, 2019, the Court of Appeal allowed the appeal of the Defendant/Appellant and set aside the Order of the High Court dated 10 November, 2017 awarding interest to the Plaintiff/Respondent in respect of the sum of USD1,550,000.00 paid as consideration for the property purchased as having been made in error of both law and facts.

Dissatisfied with the decision of the Court of Appeal, the Defendant/Appellant appealed to the Supreme Court on the following grounds:

I. The Judgment of the Court of Appeal is against the weight of evidence on record.

II. The Court of Appeal erred when they held that the Plaintiff /Respondent/Appellant was not entitled to interest on the sum of USD1,550,000.00 despite evidence of Defendant/ Appellant/Respondent’s failure to yield vacant possession to the Plaintiff/Respondent/Appellant

III. The Court of Appeal erred in treating a Court Auction Sale as a Private Treaty between the parties.

IV.The Court of Appeal misdirected its…

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