SOCIAL INVESTMENT FUND
V.
WILLIDON ENTERPRISE

(2010) JELR 65489 (CA)    
Court of Appeal  ·  SUIT NO. H1/24/09 ·  14 Jan 2010 ·  Ghana
CORAM
B.T. ARYEETEY J.SC. (PRESIDING), IRISMAY BROWN J.A, W.H.K. ADDOH J.A
Core Terms Beta
defendant
court
case
application
plaintiff
counsel
civil procedure
trial court
appeal record
defence counsel
13th march
2nd april
doors of justice
face of the defendant
said date
affidavit of posting of the order
arthur dadzie
breach of the rules of natural justice
civil case
criminal procedure
decision of the trial court sins
default judgment
judgment of a court
plaintiff’s counsel
respect of grounds iii
services of addington
v counsel
application of the defendant
audi alteram partem rule
brief facts of the case
case of tanko
commencement of the hearing of the case
constitution of the land
decision of the court amounts
earlier decision
following words
grounds of appeal
high court civil procedure rules
instant action
interlocutory appeal
maxims of equity
new grounds of appeal
proof of his claim
record of proceedings
rhetoric question
ruling of the circuit court
ruling of the court
said adjourned date
substituted service
such non-compliance

ADDOH J.A.:

This interlocutory appeal seeks to overturn the ruling of the Circuit court, delivered by His honour Judge Beresford Acquah Esq. on 14th August, 2008.

The brief facts of the case as presented by the defendant are that the plaintiff/respondent (hereinafter called the plaintiff) mounted the instant action against the defendant/appellant (hereinafter called the defendant) claiming among other reliefs the sum of ¢63,220,000 being mobilization sum paid to the defendant for the construction of six (6) unit classroom block with offices and store and a 5-seater KVIP at Nyankokwaa in the Awutu-Efutu Senya district. The defendant in turn counter-claimed against the plaintiff among other reliefs for a declaration that the termination of the contract awarded to the defendant by the plaintiff was illegal.

The court granted application for directions on 13th March, 2008 in the absence of both parties and counsel for the defendant and adjourned the case to 26th March, 2008, for hearing. On …

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