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KINGDOM HERBAL CENTRE LTD.
V.
BEIJING CLINIC AND DR. (ALT) AIJIN JIANG

(2013) JELR 66417 (CA)

Court of Appeal 14 Nov 2013 Ghana
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- The Court of Appeal upheld the trial court’s dismissal of the plaintiff's claim and affirmed judgment for the defendants on their counterclaim, including awards of GH¢141,900 and US$137,700 plus interest and costs. - Key legal principle:

Case Details

Suit Number:SUIT NO: H1/134/2012
Judges:OWUSU M. J.A. (PRESIDING), GYAESAYOR J.A., LOVELACE-JOHNSON J.A.
Counsel:MR. MARTIN KPEBU FOR PLAINTIFF/APPELLANT,MR. NUTUFAFA NUTSUIKPUI FOR DEFENDANTS/RESPONDENTS

JUDGMENT

MARIAMA OWUSU, J.A.

On 29-6-2010, the High Court, Commercial Division, Accra dismissed the plaintiff’s claim as not proved. The defendants counterclaim was upheld.

Dissatisfied with the decision of the trial court, the plaintiff appealed to the Court of Appeal on the following grounds:

1. That the learned trial Judge erred in refusing to grant the plaintiff the reliefs endorsed on plaintiff’s writ of summons.

2. The learned trial Judge erred in holding that the plaintiff had rather breached the contract with the 1st defendant and in awarding a nominal damage of one thousand Ghana cedis (GH¢1,000.00) against the plaintiff.

3. The learned trial Judge in holding that the plaintiff must pay one hundred and forty one thousand, nine hundred Ghana cedis (GH¢141,900.00) and one hundred and thirty-seven United States Dollars (US$137,700.00) with interest.

4. The learned trial Judge erred in awarding cost of two thousand Ghana cedis (GH¢2,000.00) against the plaintiff.

5. Additional grounds of…

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