HALLE AND SONNS A.S. vs. BANK OF GHANA AND WARM WEATHER ENTERPRISE LTD

ADINYIRA (MRS), JSC:- “Although I agree that a Court cannot conduct its business without a code of procedure, I think that the relation of rules of practice to the work of justice is intended to be that of a handmaid rather than a mistress, and the Court ought not be so far bound and tied by rules, which are after all only intended as general rules of procedure, as to be compelled to do what would cause injustice in the particular case”. Per Collin’s M.R. in, In re Coles & Ravenshear [1907] 1KB 1at page 4. FACTS The facts briefly are that, sometime in 1991, Halle and Sons A.S. the Plaintiff/Appellant (hereinafter Appellant) a Norwegian firm allegedly exported fish worth US$ 1,500,000.00 to a Ghanaian company, Warm Weather Enterprise Ltd., the 2nd Defendant /Respondent (herein after 2nd Respondent) on an avalised bill of exchange that was guaranteed by the erstwhile Volta Premier Rural Bank Ltd. In the intervening period the rural bank became financially distressed and the B...