IVORY FINANCE CO. LTD. vs. GLOBAL GREEN BUILT (GH.) LTD. AND 4 OTHERS

MARIAMA OWUSU, J.A.: On 9-9-2013, the High Court, Commercial Division, Accra dismissed plaintiff’s action for lack of Statutory Compliance. The court held among other things as follows: “Reliefs 1 and 2 of 1st defendant’s counterclaim are accordingly refused. I enter part judgment in favour of 1st defendant. I declare that plaintiff’s failure to give the statutory 30 days notice was in clear contravention of the Borrowers and Lenders Act of 2008 (Act 773). There shall be no order as to costs.” Dissatisfied with the decision of the trial court, the plaintiff appealed to this court on the following grounds: a. The learned trial Judge erred in law by misapprehending the import and effect of Section 32 of the Borrowers and Lenders Act, 2008 (Act 773) which resulted in miscarriage of justice. b. The learned trial Judge erred in law by failing to make a determination on the issues regarding the liability and defaults of the other respondents. c. The judgment is against th...