CLIPPER LEASING CORPORATION
V.
THE ATTORNEY-GENERAL AND GHANA AIRWAYS IN LIQUIDATION

JUDGEMENT

PWAMANG, JSC.

This is an appeal against the unanimous decision of the Court of Appeal dated 10^th May, 2012 dismissing a Cross Appeal against the judgment of the High Court, Accra delivered on 5^th February, 2009.

The Plaintiff/Appellant/Appellant, hereinafter referred to as ‘the Appellant’, brought an action in the Commercial Division of the High Court, Accra against the Defendants/Respondents/Respondents, hereinafter referred to as ‘the Respondents’, in respect of claims it had against Ghana Airways Ltd, hereinafter referred to as ‘the 2^nd defendant’. The Appellant is an aircraft leasing company registered in Antigua and by an agreement dated 7^th March 1997 it leased a DC-10-30 aircraft to the 2^nd defendant for a period of 36 months on a dry lease basis.

At the end of the lease period Appellant had some outstanding claims against 2^nd defendant in respect of rent, maintenance reserves and engine repairs it carried out on behalf of 2^nd defendant. In the meantime, by the terms of t…