[2022]DLCA11811July 21, 2022Court of Appeal

KENNEDY GYEKYE BOADU vs. ZENITH BANK (GH) LTD.

JUDGMENT BRIGHT MENSAH JA: The High Court (Commercial Division), Accra after trial of the case the subject of the instant appeal, delivered its judgment on 28th day of May 2020 and dismissed the claim of the plaintiff/appellant herein. It is against the judgment of the lower court that this appeal has been launched on the grounds listed here below. That is to say: i. The judgment is against the weight of evidence. ii. The judge erred in law when he ruled that on a holistic interpretation of parties’ agreement, plaintiff/appellant did not live up to the purpose and intendment of Exhibit A when as required under the agreement and industry practice plaintiff/appellant sold all e-cash purchased from defendant to various MTN subscribers. iii. The learned judge erred when he found that plaintiff/appellant engaged in round tripping using related entities when in fact no evidence of return of e-cash back to defendant was established. iv. The learned judge arrived at a w.....