Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ABOAGYE FRIMPONG
V.
MADAM MARY MENSAH

(2012) JELR 63767 (CA)    
Court of Appeal  ·  APPEAL NO. H1/68/2012 ·  30 Nov 2012 ·  Ghana
CORAM
F.G. KORBIEH J.A. (PRESIDING), IRENE C. DANQUAH (MS) J.A., I.O. TANKO AMADU J.A.

Ratio Decidendi

Core Terms Beta
appellants
respondent
trial court
power of attorney
appeal
locus standi
grounds
notice of appeal
additional grounds of appeal
trial judge
agyemang boateng
grounds of appeal
high court
preliminary issue
respondent company
weight of evidence
appellants’ counsel
following words
issue of capacity
record of appeal
additional grounds
allegation of errors of law
case of polimex
close of the trial
contracting parties
contract matters
court of appeal rules ci
critical examination of exhibit
cross examination
effect of the said decision
enough evidence
facts of the case
high court kuamsi
honourable trial court
instant case ground
instrument of his authority
judgment of the high court kumasi
lack of jurisdiction
lawful attorney agyeman boateng
law of a foreign state
legal opinion
mr. agyeman boateng
preliminary objection
sackey part
statutory requirements of the powers of attorney act
supreme court decision
virtue of exhibit
written submission of counsel

I.O.TANKO AMADU J.A

1. This is an appeal from the judgment of the High Court Kumasi dated 15th June 2010 wherein the trial court found for the Plaintiff/Respondent and entered judgment for the recovery of the sum of ¢52,000,000.00 (GH¢5,200.00) from the Defendants/Appellants with interest at “either the then interest rate of the Ghana Commercial Bank or the National Investment Bank from 1st March 2000, till 1st March 2006”, general damages of GH¢1,000.00 and costs of GH¢6,000.00.

2. The facts of the case are that, by writ issued from the High Court Kuamsi on 8/9/2000, Plaintiff/Respondent Company (hereinafter referred to as Respondent) commenced action against the Defendants/Appellants (hereinafter referred to as Appellants) by endorsing on the writ the Plaintiff’s description as follows “MEG 94 VIA VALLE BAGNATA ROME (suing per their Lawful Attorney AGYEMAN BOATENG) H/NO. N.A. 36 NKWABENG/ SUNYANI.

3. The Respondent had claimed from the Appellants jointly and severally as follows:

“(a). …
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