CAL BANK
V.
GENERAL DEVELOPMENT COMPANY LTD

(2014) JELR 69738 (CA)

Court of Appeal · SUIT NO: H1/14/2013 · 27 Nov 2014 · Ghana

CORAM

OWUSU M JA (PRESIDING), ACQUAYE J.A., DZAMEFE J.A.

Core Terms ^Beta

respondent

defendant

counsel

trial judge

appeal

export documents

plaintiff bank

business practice

weight of evidence

exhibit c

trial court

credit

defendant’s account

adequate consideration

appellant’s case

court of appeal

credit advices

decision of the high court

favour of the plaintiff

accounts of the defendant

additional grounds of appeal

appellant argued grounds

appellant’s remittances

appellate court

brief background of this case

case of owusu

case of the defendant

case of the plaintiff

dollars base

evidence of the plaintiff

exchange rate gain of gh

favour of the defendant

following grounds

issue of a special account

j.a

judgment of the trial court

paragraph statement of claim

part of the appellants

portion of the cross examination of the witness

proper findings of fact

recovery of the amount

recovery of the amount of us

respondent’s foreign department

respondent’s head office

said amount

said export negotiations

supreme court

total cedi equivalent

writ of summons claims

JUDGMENT

MARIAMA OWUSU, J.A:

This is an appeal against the decision of the High Court [Commercial Division], Accra dated 30-7-2010. The Court gave judgment in favour of the plaintiff against defendant for the reliefs endorsed on the writ of summons.

Dissatisfied with the decision of the High Court, the defendant appealed to the Court of Appeal on the following grounds:

[i] The judgment is against the weight of evidence.

[ii] The trial judge did not make any proper findings of fact having regard to the evidence and the pleadings.

[iii] The trial judge misdirected herself in law by granting reliefs endorsed on the writ of summons.

[iv] The trial judge did not give adequate consideration to the Defendant/Appellant’s case.

[v] Additional grounds of appeal would be filed upon receipt of the record of proceedings.

The relief sought from the Court of Appeal is a reversal of the judgment in favour of the Defendant/Appellant or in other alternative an order for re-trial.

Before dealing with the argument…

CAL BANK V. GENERAL DEVELOPMENT COMPANY LTD

CAL BANK
V.
GENERAL DEVELOPMENT COMPANY LTD