[2012]DLCA5192 • March 22, 2012 • Court of Appeal
SKY CONSULT (GHANA) LIMITED vs. GHANA POST COMPANY LIMITED
MARIAMA OWUSU, J.A.: On the 18-1-2010, the High Court, Accra ruled that: “Having heard counsel’s argument and upon reading the processes filed, I am of the view that the application has been properly laid. I do not see any defence raised by the Defendant’s Statement of Defence. I therefore grant the application and enter summary Judgment for the plaintiff against the defendant for all the reliefs endorsed on the writs of summons as follows: a. Refund of GH¢978,466.00 b. Interest as at 1st January, 2005. Cost of GH¢2,000.00 for the plaintiff against the defendant” Dissatisfied with the decision of the High Court, the Defendant appealed to this court. The Grounds of Appeal are: i. The Learned Judge erred in law in summarily giving judgment to the plaintiff for the sum of GH¢978,466.00 with interest from 1-1-2005 when the evidence before him disclosed that the business started in June 2005 and that no such amount was owed to plaintiff as at 1-1-2005. ii. The Learned Ju...