DANSIAM AND SONS LIMITED vs. BUDGET CASH AND CARRY LIMITED

SOWAH, J.A.: Introduction This appeal is from the judgment of the Commercial Division of the High Court, Accra dated 14th February 2017 in which the defendant's counterclaim was dismissed in its entirety whilst the plaintiff was adjudged to recover the following: 1. Recovery of the sum of GH¢262,497.00 2. Interest on the said sum of GH¢262,497.00 from April 2013 to date of final payment 3. Costs inclusive of legal and administrative cost 4. Recovery of the sum of GH¢990,200.00 being additional cost for excavating and carting away from the inside of the warehouse at construction site of the defendant unsuitable clayey soil measuring 1380m2 and to a depth of 1.10m and hard core filling up levels and compacted in 225mm layers. 5. Interest on the sum of GH¢990,200 from April 2013 to date of final payment. Dissatisfied with the trial court’s decision, the defendant/appellant filed a notice of appeal on 20th February 2017 and amended it on 25th January 2018 pursuant to leave...