NDK FINANCIAL SERVICES LTD.
V.
AHAMAN ENTERPRISE LTD. AND 3 OTHERS

(2013) JELR 63795 (CA)    
Court of Appeal  ·  SUIT NO: H1/148/12 ·  28 Mar 2013 ·  Ghana
CORAM
OWUSU M. J.A. (PRESIDING), DANQUAH I. J.A., TORKORNOO G. J.A
Core Terms Beta
1st defendant
ministry of energy
plaintiff
2nd defendant
payment
1st defendant company
ndk financial services ltd
trial judge
6th defendants
date of final payment
joint names of the plaintiff
exhibit d
financial institutions
ndk financial services ltd.
weight of evidence
ahaman enterprises ltd
exhibits d
instant case
learned trial judge
legal obligation
proceeds of the haulage contract
supreme court
1st april
3rd 4th 5th
account of credit facilities
black’s law dictionary 9th edition
brief background of this case
case of the plaintiff company
clear breach of the undertaking
contravention of letters
court of appeal
decision of the trial judge
due 1st defendant
evidence shows
exhibit z
following grounds
grant of the additional facilities
grounds of appeal
joint names of 1st defendant company
legal act
loan agreement
main issue
names of ahaman enterprises ltd
part of the judgment
receipt of the certified record of proceedings
recovery of the sum of gh
relevant portions of exhibits c
said sum of gh
writ of summons claims

JUDGMENT

MARIAMA OWUSU, J.A.

The main issue for determination in this appeal is whether or not “an undertaking” by a party creates any legal obligation. In other words, is the undertaking enforceable against the 2nd defendant? The trial judge answered this question in the negative.

Dissatisfied with the decision of the trial judge, the plaintiff appealed to this Court on the following grounds:

1. Part of the judgment dismissing the claim against 2nd defendant is against the weight of evidence.

2. The learned trial judge erred when she held that the undertaking by Ministry of Energy to pay proceeds of the haulage contract in the joint names of the plaintiff and the 1st Defendant Company was not binding and enforceable against 2nd defendant.

3. The learned trial judge erred when she held that the plaintiff could not claim the benefit of the undertaking to pay the proceeds of the haulage contract in the joint names of the plaintiff and the 1st defendant company.

4. Others grounds of appeal w…

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