[2021]DLSC10763 • May 27, 2021 • Supreme Court
MET CAPITAL GROUP LIMITED (vs. GUARANTY TRUST BANK GHANA LTD. AND LINKSFEILD RIDGE REALITY LTD
On 13th February, 2020, the Court of Appeal, Accra, dismissed all the grounds of appeal filed by the plaintiff/appellant/appellant (to be referred to as plaintiff). It also dismissed Grounds (i), (ii), (iii), (iv), (v), (vii), and (viii) of the 1st Defendant’s/cross appellant/appellant (to be referred to simply as 1st Defendant) cross-appeal. Ground (vi) was upheld, whilst ground (ix) was upheld in part with regard to the sum to be refunded. Dissatisfied with the decision of the Court of Appeal, the Plaintiff filed the instant appeal to the Supreme Court on the following grounds; a. The Courts below occasioned for the Plaintiff a grave miscarriage of justice when despite the positive evidence on record, being 1st Defendant’s own record, held that 1st Defendant actually issued the three Bank Guarantees just because Plaintiff had erroneously believed that, the said Bank Guarantees had been issued. b. That the findings of the Learned Justices that Plaintiff should refund bank charg...