[2018]DLSC3300 • October 17, 2018 • Supreme Court •
2000 LIMITED vs. FRANCIS OTOO
The respondent sued the appellant for recovery of GHc36,000.00 as indebtedness. The appellant denied the claim and counterclaimed for GHc80,000.00, later amended to GHc223,620.24. The trial High Court dismissed the respondent's claim and granted the appellant's counterclaim. The respondent appealed, and the Court of Appeal affirmed dismissal of the respondent's claim but set aside the counterclaim judgment in favor of the appellant. The appellant appealed to the Supreme Court against the Court of Appeal's decision on the counterclaim.
read moreAPPAU, JSC:- This is an appeal from the decision of the Court of Appeal dated 17th December, 2015. The appellant (i.e. defendant/respondent/appellant), was the defendant-counterclaimant in the trial High court. He succeeded in his counterclaim in the trial court but lost on appeal at the Court of Appeal when the respondent herein (i.e. plaintiff/appellant/respondent) appealed against the decision of the trial High court. For ease of reference, the designation of the parties herein, i.e. ‘appellant’ for defendant/respondent/appellant and ‘respondent’ for plaintiff/appellant/respondent, would be maintained. Background to the appeal The respondent sued the appellant in the trial High Court claiming for the recovery of an amount of GHc36,000.00 as appellant’s indebtedness to it. The appellant denied the claim and counterclaimed against the respondent for the sum of GHc80,000.00, which he later amended to GHc223,620.24. The trial High Court dismissed respondent’s claim and g...