THE REGIONAL DIRECTOR HEALTH SERVICES
V.
NBINIWAYAR CONSTRUCTION LTD

(2009) JELR 65369 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO. HI/388/05 ·  23 Mar 2009 ·  Ghana
CORAM
APALOO JA (PRESIDING), MARIAMA OWUSU JA, ACQUAYE JA
Core Terms Beta
certificates
trial judge
respondents
evidence
face value
1st appellant
appeal
appeal court
exhibit c
appellate court
trial court
certificate 3a
consequential order
contract price
grounds of appeal
learned trial judge
lower court
main issue
ministry of health
northern region
supreme court
air conditioner
authorizing authorities
benefit of the respondents
burden of proof
certificate no. 3a.
claim of the respondent
clear indication
consideration of this court
contract fee
decision of the high court tamale
defence witnesses raise suspicion
different face value
execution of the project
extra air conditioners
fees of the consultants
finding of fact
full trial
ghana health service tamale
managing director of the plaintiff
narration of the facts
principal state attorney
regional co
said mohammed sumani
separate works
son muhammed sumani pw2
testimony of the defendants
vrs field
weight of the evidence

JUDGMENT

APALOO JA

This is an appeal from the decision of the High Court Tamale dated 13/10/04. Arising out of that judgment the Defendants/Appellants to be hereinafter referred to as Appellants raised 3 grounds of appeal for consideration of this Court. They are;

“1. The learned Trial Judge erred when he held that two certificates in contention, both numbered 3A were prepared the same day represent separate works executed by the Respondents and therefore the Respondent is entitled to amounts contained in both certificates.

2. The learned trial Judge erred when he held that the evidence and explanation adduced by defence witnesses raise suspicion to an independent observer and must therefore inure to the benefit of the Respondents.”

The third ground is the omnibus one being that the judgment was against the weight of the evidence. By the two grounds of appeal it is clear that the Appellants’ attack on the judgment is founded on both the finding of fact made by the trial judge as well as …

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