[2017]DLCA4868 • June 8, 2017 • Court of Appeal
WOOD HOUSE LTD. vs. AIRTEL GHANA LTD.
The Plaintiff, Wood House Ltd., allowed the Defendant, Airtel Ghana Ltd., to store ten containers on its land with an agreement that the first seven days would be free and thereafter a charge of $200 per container per day would apply. The Defendant denied the existence of such an agreement, claiming the containers were placed on the land on behalf of another company, Zed Network Ltd., and that the person who signed the agreement lacked authority. The Plaintiff claimed unpaid rent for the storage period beyond the free days.
read moreAVRIL LOVELACE-JOHNSON (J.A) The designation of the parties at the High Court will be maintained in this appeal. The said court on 26th May 2015 gave the Plaintiff judgment for the sum of USD 2,237,400 with interest thereon to run until final payment, general damages in the sum of GHS10,000 and costs of GHS 10,000. Being dissatisfied with the judgment the Defendant has launched the present appeal on seven grounds and a further ground relating to the jurisdiction of the high court to hear the matter. In his written submissions counsel for the Defendant has stated that he will only argue ground F and the additional ground filed. Grounds A B C D E and G are hereby deemed abandoned. The grounds of appeal to be considered in this judgment are 1. The judgment is against the weight of evidence 2. The learned trial judge erred in assuming jurisdiction contrary to Order 58 Rule 2 of C.I 47 to hear the instant matter which was fundamentally a landlord and Tenant issue. Counsel for...