INTERNATIONAL ROM LIMITED vs. VODAFONE LIMITED FIDELITY BANK LIMITED

KUSI-APPIAH, J.A: This is an appeal against the decision of the High Court (Commercial Division), Accra dated 15th May, 2013 in favour of the plaintiff/ respondent against the 1st defendant/appellant. I will refer to the parties in the manner they appeared at the court below. The case of the plaintiff as gathered from its pleadings and evidence at the trial was that, it entered into a number of contracts with the 1st defendant, the first, dated 17th December, 2003 (Exhibit A) as amended by a Supplementary Frame Contract dated 26th January, 2005 (Exhibit B) for the supply, delivery, installation, testing, commissioning, maintenance and support services for 1st defendant’s expansion network. According to the plaintiff, it subsequently executed another contract with the 1st defendant, dated 13th May, 2008 (Exhibit C) and 2nd October, 2008 (Exhibit D) in respect of the 1st defendant’s expansion of its network aforesaid. The plaintiff contended that although it faithfully...