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SKY CONSULT (GHANA) LIMITED
V.
GHANA POST COMPANY LIMITED

(2012) JELR 66134 (CA)

Court of Appeal 22 Mar 2012 Ghana
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- The High Court ruled in favor of the plaintiff, granting summary judgment for the refund of GH¢978,466.00, interest from January 1, 2005, and costs. - The defendant appealed the decision, arguing that the judge erred in summarily giving j

Case Details

Suit Number:CIVIL APPEAL SUIT NO: H1/18/2012
Judges:HENRIETTA ABBAN J.A. (PRESIDING), MARIAMA OWUSU J.A., FRANCIS KORBIEH J.A.
Counsel:MR. STANLEY AMARTEIFIO FOR DEFENDANT/APPELLANT,MR. THOMAS HUGHES FOR PLAINTIFF/RESPONDENT.

MARIAMA OWUSU, J.A.: On the 18-1-2010, the High Court, Accra ruled that:

“Having heard counsel’s argument and upon reading the processes filed, I am of the view that the application has been properly laid. I do not see any defence raised by the Defendant’s Statement of Defence. I therefore grant the application and enter summary Judgment for the plaintiff against the defendant for all the reliefs endorsed on the writs of summons as follows:

a. Refund of GH¢978,466.00

b. Interest as at 1st January, 2005.

Cost of GH¢2,000.00 for the plaintiff against the defendant”

Dissatisfied with the decision of the High Court, the Defendant appealed to this court.

The Grounds of Appeal are:

i. The Learned Judge erred in law in summarily giving judgment to the plaintiff for the sum of GH¢978,466.00 with interest from 1-1-2005 when the evidence before him disclosed that the business started in June 2005 and that no such amount was owed to plaintiff as at 1-1-2005.

ii. The Learned Judge erred in law when he re…

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