RONER ENTERPRISE LIMITED
V.
GLAHCO HOTELS & TOURISM DEELOPMENT LIMITED

(2016) JELR 65511 (CA)    
Court of Appeal  ·  SUIT NO. H1/179/2015 ·  27 Oct 2016 ·  Ghana
CORAM
KUSI-APPIAH JA (PRESIDING), ADUAMA OSEI JA, TANKO AMADU JA
Core Terms Beta
plaintiff
defendant
punitive damages
breach of contract
trial court
counsel
general damages
grounds
first option
sum of gh
old place
special damages
award of damages
effect of the goodwill
nature of goodwill
notice of appeal
completion of the renovations
judgment of the trial court
said judgment
unlawful appropriation of goodwill
aduama osei ja
appeal record
appropriation of the said goodwill
aspects of the evidence
award of a meagre gh
circumstances of the case
circumstances of this case
commercial division of the high court
defendant’s default amounts
exclusive right
following dictum of dr. twum jsc
fourth edition reissue of their work
full impact of the plaintiff
further grounds
further grounds of appeal
kusi-appiah
legal requirements
means of illegal notices
monetary value
number of old english cases
oldest known decision
possession of the premises
possession of the shop
receipt of the record of appeal
respondent’s goodwill
support of ground
termination of the plaintiff
unlawful nature of the termination of the plaintiff

ADUAMA OSEI JA:

In an action before the Commercial Division of the High Court, Accra, instituted on the 8th of February, 2011, the Plaintiff/Appellant sought reliefs for general and punitive damages for breach of contract, and general and punitive damages for unlawful appropriation of goodwill against the Defendant/Respondent. The trial Court delivered judgment on the 29th of November, 2013 and awarded the Plaintiff/Appellant the sum of GH¢40,000.00 as punitive damages for breach of contract. Not satisfied with the said judgment, the Plaintiff/Appellant has appealed against the same to this Court praying this Court to increase the damages awarded and place it in the position it would have been in if the breach of contract had not occurred.

The grounds on which the Plaintiff/Appellant is impugning the judgment of the trial Court are that:

(i) the trial Court misdirected itself in law on the legal requirements for terminating a commercial licence/tenancy such as that of the Plaintiff/Appel…

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