[2012]DLCA7968 • May 10, 2012 • Court of Appeal
CLIPPER LEASING CORPORATION vs. THE ATTORNEY GENERAL (DEFENDANT/ RESPONDENT) GHANA AIRWAYS LTD (IN OFFICIAL LIQUIDATION) THE MINISTER OF AVIATION GHANA AIRWAYS LTD. (IN OFFICIAL LIQUIDATION)
OFOE, J.A. From the record of appeal we say with certainty that the defendant/appellant had abandoned their appeal. What is before us is the cross appeal of the plaintiff/ respondent. We will continue to refer to the parties as plaintiff and defendants as they were at the trial court. It is therefore the plaintiff whose cross appeal we are dealing with. The issues to be determined in this cross appeal are such that not much of the pleadings and the evidence before the court would be of relevance to us. The background facts necessary to understanding this opinion are as follows. The plaintiff is an aircraft leasing company. It entered into terms of a leasing agreement with the Ghana Airways Limited, the 2nd defendant whereby a DC10 aircraft was leased to the 2nd defendant for a period of 36 calendar months at a basic rent of US$260,000. Claiming that the 2nd defendant owes it rent arrears and has further breached the agreement to return the aircraft to it after expiration of the agreem...