EASTERN ALLOYS COMPANY LTD. vs. CHIRANO GOLD MINES

MARIAMA OWUSU, J.A.: On 13th day of October, 2014, the High Court (Commercial Division) Accra, entered judgment in favour of the plaintiff for the reliefs indorsed in the plaintiff’s amended writ of summons and awarded cost of Gh¢10,000.00 in favour of the plaintiff. Dissatisfied with the decision of the Court, the defendant appealed to the Court of Appeal on the following grounds: i. That the learned trial Judge failed to give adequate consideration to Exhibit ‘F’, which is a waiver by the defendant/appellant on any claim of mobilization payment paid to the plaintiff in full and final settlement of an outstanding claims preceding the termination of the plaintiff/respondent’s contract; ii. That the learned trial Judge misdirected himself on the law when he held that PW2; the plaintiff/respondent’s Operation Manager did not have the authority, whether express or implied, to execute Exhibit ‘F’ on behalf of the plaintiff/respondent’s Managing Director; iii. That t...