NDK FINANCIAL SERVICES LTD. vs. AHAMAN ENTERPRISE LTD., ATTORNEY GENERAL, ALEX A. ADUKO AND ADUKO KYEREMANTENG

MARIAMA OWUSU, J.A: The main issue for determination in this appeal is whether or not “an undertaking” by a party creates any legal obligation. In other words, is the undertaking enforceable against the 2nd defendant? The trial judge answered this question in the negative. Dissatisfied with the decision of the trial judge, the plaintiff appealed to this Court on the following grounds: 1. Part of the judgment dismissing the claim against 2nd defendant is against the weight of evidence. 2. The learned trial judge erred when she held that the undertaking by Ministry of Energy to pay proceeds of the haulage contract in the joint names of the plaintiff and the 1st Defendant Company was not binding and enforceable against 2nd defendant. 3. The learned trial judge erred when she held that the plaintiff could not claim the benefit of the undertaking to pay the proceeds of the haulage contract in the joint names of the plaintiff and the 1st defendant company. 4. Others grounds of ap...