[2019]DLHC10151November 29, 2019High Court

THE SEED FUNDS SAVINGS & LOANS CO. LIMITED vs. CHUCATELL (GH) LTD, MOHAMMED ALHASSAN GOMDA, KE & T CONSULTING AND MINISTRY OF ROADS & HIGHWAYS AND CHUCATEL GHANA LIMITED & MOHAMMED ALHASSAN GOMDA vs. THE SEED FUNDS SAVINGS & LOANS CO. LIMITED

1.0 Background 1.1 Claims and counterclaims by the parties in this consolidated suit are extensive and contrasting. Not only did 1st and 2nd defendants raise a counterclaim to plaintiff’s Seed Fund’s suit, but that the said defendants also mounted separate suit contemporaneously against the plaintiff Seed Fund based on the same facts and contractual relationship. I can say with calmness however that the underlying thread, indeed the triable issues in both separate suits are not as extensive and contrasting as the frightening bulky and extensive pleadings and evidence at trial suggest. This is because the suits were based ostensibly on the same cause of action. 1.2 The two suits were trudging before two separate courts. By the hand and order of the Lady Chief Justice dated 12 November 2018, the suits were transferred to this court - Commercial 5, which later upon application consolidated them to be tried together. Plaintiff Seed Funds claims separate reliefs against four defenda...