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…

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