GHANA PROTEIN LTD. vs. RAANAN FISH FEED WEST AFRICA

K. A. ACQUAYE, J.A. This is the judgment in respect of an interlocutory appeal filed against the ruling of a High Court in Accra which dismissed an application by the defendant/appellant to expunge part of the evidence led by the plaintiff/respondent from the record. The plaintiff/respondent issued a writ of summons claiming against the defendant/appellant special and general damages and compensation in the sum of US$187,500 or its equivalent in Ghana Cedis for direct loss and damage suffered by the plaintiff as a result of contaminated fish oil sold it by the defendant. The plaintiff/respondent’s case was that she purchased fish oil from the defendant/appellant which she used to coat fish meal for sale to fish farmers but the fish oil was contaminated with anizidine more than six times its normal level as a result of which the fishes fed with the meal died. This led to the plaintiff/respondent withdrawing the rest of the fish feed from the market and compensating the fish fa.....