THE BIG BOYS COMPANY LIMITED vs. ACCESS BANK GHANA LIMITED

OWUSU (MS.) JSC: On 26th November 2020, the Court of Appeal, Accra, allowed the Defendant appeal in part and held among other things that: “In conclusion, I hereby set aside the award of special damages made by the learned trial judge in favour of the Plaintiff/Respondent in the sum of USD 25,000 per day from the date of attachment of the machine i.e., 12 May 2016 to date of its released i.e., 15 March, 2017. In its place, I make an award in the nature of general damages in the sum of the cedi equivalent of USD 200,000. I set aside the cost of GHc 80,000 made in favour of the Plaintiff/Respondent. In its place, I make an award of GHc20,000”. Dissatisfied with the decision of the Court of Appeal, the Plaintiff/Respondent appealed to this Court on the following grounds: (a) The Judgment is against the weight of evidence. (b) The reduction of the Judgment amount of USD 7.6 million to USD 200,000 amounted to grave or substantial miscarriage of justice. (c) The Court...