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YOO MART LIMITED
V.
STANDARD CHARTERED BANK

(2023) JELR 114278 (SC)

Supreme Court 21 Jun 2023 Ghana
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- Plaintiff purchased a warehouse property at Odupongkpehe-Kasoa from Defendant bank for USD 1,550,000.00 following a court-ordered auction; however, Plaintiff experienced significant delay in obtaining vacant possession due to ongoing liti

Case Details

Suit Number:J4/43/2022
Judges:BAFFOE-BONNIE JSC (PRESIDING), OWUSU (MS.) JSC, PROF. MENSA-BONSU (MRS.) JSC, ACKAH-YENSU (MS.) JSC, ASIEDU JSC
Counsel:FELIX QUARTEY ESQ. FOR PLAINTIFF/RESPONDENT/APPELLANT ELIKEM ADISENU-DOE ESQ. FOR DEFENDANT/APPELLANT/RESPONDENT

JUDGMENT

OWUSU (MS.) JSC:-

On 14 of February, 2019, the Court of Appeal allowed the appeal of the Defendant/Appellant and set aside the Order of the High Court dated 10 November, 2017 awarding interest to the Plaintiff/Respondent in respect of the sum of USD1,550,000.00 paid as consideration for the property purchased as having been made in error of both law and facts.

Dissatisfied with the decision of the Court of Appeal, the Defendant/Appellant appealed to the Supreme Court on the following grounds:

I. The Judgment of the Court of Appeal is against the weight of evidence on record.

II. The Court of Appeal erred when they held that the Plaintiff /Respondent/Appellant was not entitled to interest on the sum of USD1,550,000.00 despite evidence of Defendant/ Appellant/Respondent’s failure to yield vacant possession to the Plaintiff/Respondent/Appellant

III. The Court of Appeal erred in treating a Court Auction Sale as a Private Treaty between the parties.

IV.The Court of Appeal misdirected its…

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