J U D G M E N T
SOPHIA R. BERNASKO ESSAH (MRS) JA:
This is an appeal at the instance of the Defendant/Appellant against the decision of the High Court Commercial Division delivered on the 5th of November, 2019, in which Judgment was granted in favour of the Plaintiff/Respondent. The appeal is on the following grounds:
- The judgment is against the weight of evidence.
- The learned Trial Judge erred in law when she held that the cost of the remaining items that were procured from the local market totaling GH₡840,380, constitutes special damages.
- The learned Trial Judge misapplied the rules regarding special damages having regard to the circumstances of this case.
- The learned Trial Judge erred in law when she dismissed the counterclaim of the Defendant.
Additional grounds of appeal filed were the following:
- The learned Trial Judge erred in law when she failed to hold that the Defendant should have been responsible for the payment of the market price of the goods at the time of the contract togethe…