DAN FOSU POKU vs. OLIVER DURST & SPC TRNSPORT AND ENGINEERING

TANKO AMADU J.A (1) There are two substantive appeals arising from the judgment of the High Court (Commercial Division) Accra, dated 17th May 2018. In the two appeals aforesaid, the Plaintiff/Appellant herein and the 2nd Defendant/Appellant have in their respective appeals sought to impeach the judgment of the Trial High Court and have sought the same relief that the said judgment be set aside on the grounds set forth in the respective notices. The two appeals will be dealt with compositely in this judgment. The two Appellants hereinafter be referred to as 1st and 2nd Appellant respectively. (2) There is another appeal on the record which arose from the ruling of the Trial High Court granting an order for stay of execution of its judgment dated 17th May 2018. That appeal is at the instance of the 1st Defendant/Appellant. For the avoidance of doubt the said appeal is not the subject matter of this judgment not having been referred to at all by counsel for the parties at the tim...