JUDGMENT
[1.0]. INTRODUCTION
My lords, this is an appeal from the judgment of the Court of Appeal dated the 2nd February, 2023. In the said judgment, the Court of Appeal, by majority, reversed the ruling of the High Court in which the High Court dismissed the Respondent’s action against the Appellant, for want of capacity.
The Plaintiff/Appellant/Respondent shall hereinafter be referred to as the Respondent, and the Defendant/Respondent/Appellant shall be referred to as the Appellant.
[2.0]. FACTS
By a writ and amended statement of claim sued out of the Registry of the High Court, Accra, the Respondent claimed against the Appellant the following reliefs:
(a) Recovery of the amount of US$1.4 million wrongfully deducted by Defendants [Appellant herein] from payment due to the Plaintiff [Respondent] or its cedi equivalent at the US dollar forex bureau buying rate on the day of payment.
(b) Interest on the cedi equivalent of the US$1.4 million at the prevailing commercial banks’ lending rate fro…