[2012]DLCA7897December 13, 2012Court of Appeal

GROUP CHAGNON INT. (PLAINTIFF/RESPONDENT) vs. ACCRA METROPOLITAN ASSEMBLY & ANOTHER (DEFENDANTS/APPELANTS)

DENNIS ADJEI,J.A.: On 27th July, 2005 the High Court Accra (Fast Track Division) gave judgment in favour of the Plaintiff/Respondent (hereafter called the plaintiff) against the Defendants/Appellants (hereafter called the defendants) jointly and severally for all the reliefs endorsed on the plaintiff’s writ of summons. The defendants being dissatisfied with the judgment of the trial High Court filed separate notice of appeals against same to this court to reverse the judgment. On 17th July, 2012 the 2nd defendant’s appeal was struck out for non compliance under rule 20(2) of the Court of Appeal Rules C.I. 19. The only appeal to be determined by this court is the appeal filed by the 1st defendant on 2nd August, 2005. The brief facts of the case were that on 4th December, 1997, the plaintiff entered into a sale agreement with the Defendant which was described by them as ‘procurement contract’ for the plaintiff to supply waste management equipment costing $8,382,928.00 to...