CLIPPER LEASING CORPORATION vs. THE ATTORNEY-GENERAL AND GHANA AIRWAYS IN LIQUIDATION

PWAMANG, JSC. This is an appeal against the unanimous decision of the Court of Appeal dated 10th May, 2012 dismissing a Cross Appeal against the judgment of the High Court, Accra delivered on 5th February, 2009. The Plaintiff/Appellant/Appellant, hereinafter referred to as ‘the Appellant’, brought an action in the Commercial Division of the High Court, Accra against the Defendants/Respondents/Respondents, hereinafter referred to as ‘the Respondents’, in respect of claims it had against Ghana Airways Ltd, hereinafter referred to as ‘the 2nd defendant’. The Appellant is an aircraft leasing company registered in Antigua and by an agreement dated 7th March 1997 it leased a DC-10-30 aircraft to the 2nd defendant for a period of 36 months on a dry lease basis. At the end of the lease period Appellant had some outstanding claims against 2nd defendant in respect of rent, maintenance reserves and engine repairs it carried out on behalf of 2nd defendant. In the meantime, by the ...