Customer Support

THE REGIONAL DIRECTOR HEALTH SERVICES
V.
NBINIWAYAR CONSTRUCTION LTD

(2009) JELR 65369 (CA)

Court of Appeal 23 Mar 2009 Ghana
BriefBot icon

BriefBot Summary

Free

- This is an appeal from a decision of the High Court Tamale. - The defendants/appellants raised three grounds of appeal. - The controversy in the case arose when two certificates were issued on the same day to the respondent for work done.

Case Details

Suit Number:CIVIL APPEAL SUIT NO. HI/388/05
Judges:APALOO JA (PRESIDING), MARIAMA OWUSU JA, ACQUAYE JA
Counsel:MR. DICK ANYADI FOR DEFENDANT/APPELLANTS ,MR. INUSAH FOR PLAINTIFF/RESPONDENT

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 …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.