MERCHANT BANK LIMITED vs. FRANSTEL LIMITED

POKU-ACHEAMPONG, J.A.: This appeal emanates from a judgment of the High Court (Commercial Division) Kumasi dated 14th March 2016. The facts of the case are straightforward. It is a matter of regret that a business dispute between a company and its bankers, a relationship spanning over a decade, could not be resolved through the Alternative Dispute Resolution (ADR) scheme, but had to drag on for almost ten years before judgment at the Trial High Court and a further four years for the appeal. Whatever victory that may be won by whichever party would doubtlessly be a pyrrhic victory. For the purposes of this judgment the parties shall retain their designation in the trial court and shall be referred to as Plaintiff and Defendant. FACTS: The Plaintiff is a Ghanaian company based in Kumasi and an importer of general goods and the Defendant is a Merchant bank of repute in the country. By their amended writ of summons filed on 31st October 2013, pursuant to an order granted by the Cou...