ECOBANK GHANA LIMITED
V.
ALUMINIUM ENT. LTD.

(2014) JELR 65764 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO.H1/158/2013 ·  27 Mar 2014 ·  Ghana
CORAM
KUSI-APPIAH J.A. (PRESIDING), OFOE J.A., SOWAH J.A.
Core Terms Beta
defendant
plaintiff
case
trial court
amendment
application
statement of defence
huge financial losses
defendant’s application
material times
proposed amendment
real issues
record of appeal
c. i.
due diligence
exercise of reasonable care
general rule
learned trial judge
request of the defendant
result of the plaintiff
us dollars
a. c.
additional high court judge
amount defendant
case of the plaintiff
chairman of the finance committee of the defendant company
claim of the plaintiff
date of final payment
defendants business
discretion of the trial judge
exceptional circumstances
financial statements
following reliefs
loan agreement
new solicitor
plaintiff’s negligence
real issue
representative of the plaintiff company
ruling of an accra high court
said amount
said inconsistencies
trial court’s direction
trial high court
veritable issues
weight of evidence

JUDGMENT

KUSI-APPIAH, J.A. :

This is an appeal against the ruling of an Accra High Court (Commercial Division) presided over by Her Ladyship Barbara Ackah-Yensu, Justice of Appeal, sitting as an additional High Court Judge, refusing an application for leave to re-open of case and to amend statement of defence and counterclaim by the defendant.

On the 18th December, 2006 the plaintiff/respondent (hereinafter called the plaintiff) acting through their solicitor issued a writ against the defendant/appellant (hereinafter referred to as defendant) for the following reliefs:-

“(a) recovery of the sum of two hundred and forty eight thousand, one hundred and seven point eight three Euro (€248,107.83) or its equivalent in cedis being the outstanding balance on the loan granted to the defendant by plaintiff at the request of the defendant, which said amount is due and owing to plaintiff and which said amount defendant has failed and/or refused to pay the plaintiff in spite of several and repeated d…

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