HOLLAND WEST AFRICA AND ANOTHER vs. PAN AFRICAN TRADING CO. AND ANOTHER

JUDGMENT OF EDUSEI J. On 18 December 1975 this court gave judgment (reported sub nom. Pan African Trading Co. v. Holland West Africa [1976] 1 G.L.R. 237) for the plaintiffs against the defendants for ¢55,135.21 with fifteen per cent interest per annum calculated from 12 October 1971. The defendants have applied for a review of that part of the judgment that awarded interest to the plaintiffs. There are two main grounds for this application and these have been stated in the supporting affidavit in paragraphs (3) and (4) as follows: “(3) I am advised that this honourable court erred in law in awarding interest. (4) I am advised by counsel for the first defendants that ever since the judgment in this case it was discovered from a recent decision of the Court of Appeal released in the Yuletide that this court ought not to award interest in the absence of the necessary instrument giving effect to section 98 of the Courts Act, 1971 (Act 372).” The reason in paragra...