Ratio Decidendi



SPRINGFIELD ENERGY LIMITED AND FIDELITY BANK GHANA LIMITED
V.
BULK OIL STORAGE AND TRANSPORTATION COMPANY LIMITED

(2019) JELR 69486 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO. H1/85/2018 ·  17 Jul 2019 ·  Ghana
CORAM
P. K. GYAESAYOR JA (PRESIDING), CECILIA SOWAH JA, AMA GAISIE JA

Ratio Decidendi

Core Terms Beta
defendant
order
application
trial judge
summary judgment
case
virtue of defendant
writ
claim of plaintiff
defence
respondent
documentary evidence
learned trial judge
loss of profit
recovery of the sum of usd
stock balances of petroleum products
aforesaid amount
appellant appeals
civil procedure rules of the high court
clear indication
debt of usd
decision of the high court
defendant’s cumulative indebtedness
entire summary judgment
favour of the plaintiff
following reasons
grounds of appeal
interest rate
lower figure
present appeal
present case
production cost
purposes of delay
result of a dispute
result of defendant
said order
statement of defence
summary judgement
total sum of profits
trial judge ought
unpaid facility
writ file

JUDGMENT

GYAESAYOR, JA

The present appeal was filed on 13th September, 2016 against the decision of the High Court, granting summary judgement in favour of the plaintiff/respondent under Order 14 of C.I.47, the Civil Procedure Rules of the High Court.

The notice of appeal is found at page 173 of the record pf appeal. The defendant/appellant appeals against the entire summary judgment dated 18th August 2016 and the variation thereof dated 31st August 2016.

The grounds of appeal are set forth in the notice of appeal. This action is the result of a dispute arising out of an oil storage arrangement between the parties which resulted into a debt of USD$20,226,717.75 plus interest rate of 19% from November 13th to date of filed payment.

The endorsement on the writ which spells out the claim of plaintiff/respondent is found at page 35 and is as follows: -

1. Recovery of the sum of USD$20,226,717.75 being defendant’s cumulative indebtedness to 1st plaintiff as at 12th November, 2015.

2. Interest on …

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login