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IBM WORLD TRADE CORPORATION
V.
HASNEM ENTERPRISES LTD

(2001) JELR 68278 (SC)

Supreme Court 16 May 2001 Ghana
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- The judgment discusses an appeal case where the appellant claimed an amount due for maintenance services rendered to the respondent, including interest. The court ruled that the appellant was entitled to interest until the date of final p

Case Details

Judges:AMPIAH JSC, ATUGUBA JSC, AKUFFO JSC, LAMPTEY JSC, ADZOE JSC
Counsel:N KUENYEHIA FOR THE APPELLANT; ADUAMA OSEI FOR THE RESPONDENT.
Other Citations:[2001-2002] 2 GLR 248

JUDGEMENT

AKUFFO JSC.

I have been privileged to see beforehand the erudite opinion of my brother Adzoe JSC and, for the reasons stated therein, I am in full agreement with him that the appeal must succeed and the decision of the Court of Appeal be set aside.

I will therefore limit this opinion to the issue raised in paragraph (c) of the additional grounds of appeal, regarding the proper period over which the interest awarded should remain exigible. In its amended counterclaim filed on 4 May 1988 the appellant claimed an amount of ¢58,213.04 as the sum due for maintenance services previously rendered to the respondent, together with interest thereon at the bank rate prevailing at the date of judgment, ie from 20 December 1984 up to the date of final payment. The trial court, after finding the said amount as being justly due and payable by the respondent, however awarded interest thereon up to the date of the judgment, ie 18 May 1990. According to the appellant, taking into account the tim…

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