ROYAL BENEFICIARIES ASSOCIATION vs. MRS. VIVIAN MENSAH, ALICE BADU, VIVIAN OWUO AND DAVID B. MENSAH

ANIN YEBOAH JSC: This is an appeal from the judgment of the Court of Appeal dated the 13/05/2010. The facts of this case appear not to be in any serious controversy. The Plaintiff/Respondent/Appellant herein, who for the sake of brevity shall be referred to in these proceedings as the Appellant, commenced an action at the High Court (Commercial Division) Accra against the Defendants/Appellants/ Respondents herein who shall be referred to as the Respondents henceforth. The claim endorsed on the writ of summons was as follows:- 1. Repayment of an amount of 210 million cedis representing 14 weeks of 15 million cedis still unpaid. 2. Interest on the above amount at the current bank interest rate, from the 21st of August 2006, to the date of final payment. 3. Any other reliefs that may deem fit by this honourable court. It should be noted that the main relief is not all that clear whether the action falls within contract or tort if read in isolation. The defect, however, was cure...