Customer Support

EASTERN ALLOYS COMPANY LTD.
V.
CHIRANO GOLD MINES

(2015) JELR 65713 (CA)

Court of Appeal 15 Oct 2015 Ghana
BriefBot icon

BriefBot Summary

Free

- The High Court entered judgment in favor of the plaintiff for the reliefs stated in the amended writ of summons and awarded costs in favor of the plaintiff. - The defendant appealed to the Court of Appeal on various grounds, including the

Case Details

Suit Number:CIVIL SUIT NO.H1/98/2015
Judges:M.OWUSU (J.A.) - PRESIDING, DORDZIE (J.A.), MENSAH (J.A.)
Counsel:MR. YONNEY KULENDI FOR THE DEFENDANT/APPELLANT,MR. FELIX QUARTEY FOR THE PLAINTIFF/RESPONDENT

JUDGMENT

MARIAMA OWUSU, J.A.:

On 13th day of October, 2014, the High Court (Commercial Division) Accra, entered judgment in favour of the plaintiff for the reliefs indorsed in the plaintiff’s amended writ of summons and awarded cost of Gh¢10,000.00 in favour of the plaintiff.

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

i. That the learned trial Judge failed to give adequate consideration to Exhibit ‘F’, which is a waiver by the defendant/appellant on any claim of mobilization payment paid to the plaintiff in full and final settlement of an outstanding claims preceding the termination of the plaintiff/respondent’s contract;

ii. That the learned trial Judge misdirected himself on the law when he held that PW2; the plaintiff/respondent’s Operation Manager did not have the authority, whether express or implied, to execute Exhibit ‘F’ on behalf of the plaintiff/respondent’s Managing Director;

iii. That the learned trial Jud…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.