JUDGMENT
APPAU, JSC
This is an appeal from the decision of the Court of Appeal dated 17th December, 2015. The appellant (i.e. defendant/respondent/appellant), was the defendant-counterclaimant in the trial High court. He succeeded in his counterclaim in the trial court but lost on appeal at the Court of Appeal when the respondent herein (i.e. plaintiff/appellant/respondent) appealed against the decision of the trial High court. For ease of reference, the designation of the parties herein, i.e. ‘appellant’ for defendant/respondent/appellant and ‘respondent’ for plaintiff/appellant/respondent, would be maintained.
Background to the appeal
The respondent sued the appellant in the trial High Court claiming for the recovery of an amount of GHc36,000.00 as appellant’s indebtedness to it. The appellant denied the claim and counterclaimed against the respondent for the sum of GHc80,000.00, which he later amended to GHc223,620.24. The trial High Court dismissed respondent’s claim and granted appel…