Ratio DecidendiRatio DecidendiRatio Decidendi



C.B.A.M. INC.
V.
S.S.B. BANK LTD.

(2005) JELR 69719 (CA)    
Court of Appeal  ·  CIVIL APPEAL H1/163/2005 ·  3 Jun 2005 ·  Ghana
CORAM
ADINYIRA J.A. [PRESIDING], DOTSE J.A., MARFUL-SAU J.

Ratio Decidendi

Core Terms Beta
respondent
appellant
clause
exhibit b
commissions
respondents
trial court
trial judge
exhibit g3
exhibit b.
exhibit h.
marketing activities
record of proceedings
special edition
written approval
cbam inc.
effect of the breach
prior written approval of the appellant
record of appeal
said agreement
said contract
above issues
appellant bank
breach of a fundamental term
brief facts of the case
business drive of the respondent
commencement date of both exhibits b
continued existence
court action
essential parts
evidence of such advertisement
evidence of such particularized advertisements
evidence of such particularized adverts
following grounds
fundamental issues
grounds of deviation of performance
initiative of the respondent
meeting of 8th july
money gram service international programme
part of evidence of dw1
plaintiffs breach of the agreement
proper interpretation of the agreement
purported termination of the contract
respondent carried adverts
respondent of the obligations
said clause
total repudiation of the contract
wide money transfer service
withheld commissions

MARFUL-SAU J.

This is an appeal from the Judgment of the Fast Track Division of the High Court, Accra. The Judgment, which is dated the 4th November, 2004, granted all the reliefs endorsed on the Plaintiffs writ of summons, namely:—

1. A declaration that on a true and proper interpretation of the agreement executed between the parties hereto dated 1st December, 1999, the said contract as a whole is valid and still subsists, hence the Defendant is not entitled to affirm part of it, which is beneficial to it, an disaffirm the rest.
2. A declaration that the purported termination of the contract and total repudiation of the contract by a letter by the Defendant dated 24th April, 2003, on grounds of deviation of performance by the Plaintiff is unjustifiable and repugnant to the principles of justice, equity and good conscience since the contract was carried out in its essential parts, further the act complained of did not amount to such a breach of a fundamental term in the agreement which w…
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