INTERNATIONAL ROM LIMITED vs. VODAFONE GHANA LTD. AND FIDELITY BANK LIMITED

In 2008, International Rom Limited (plaintiff) and Vodafone Ghana Ltd. (defendant) had contractual disputes over execution and payments for works. The plaintiff sued for unpaid sums and damages, alleging breach caused it to default on loans from Fidelity Bank and Prudential Bank. Fidelity Bank counterclaimed, asserting that some loans were guaranteed by the defendant through undertakings to pay into a joint account, which the defendant partially honored. The High Court awarded sums to the plaintiff and Fidelity Bank, including principal and interest on loans. The defendant challenged the awards, particularly the duplication of loan amounts as 'special damages'. The Court of Appeal affirmed the High Court judgment. The Supreme Court dismissed the appeal but varied the awards, clarifying joint liability for outstanding loan balances under the undertakings. Subsequent disputes arose over the effect of the Supreme Court's variation on the defendant's liability.

PWAMANG JSC:- My Lords, the ruling of the High Court that has culminated in this appeal was initially in respect of an application to set aside an amended entry of judgment filed by the plaintiff/appellant/respondent (the plaintiff) after winning its case in the Supreme Court. However, in the determination of the application, the High Court judge went beyond the scope of the application and determined the outstanding judgment debt owed by the defendant/respondent/appellant (the defendant). The judge took this course because the awards made in the substantive judgment of the High Court dated 15th May, 2013 (which was by a different judge) were varied by the decision of the Supreme Court in the final appeal given on 6th June, 2016. The view was therefore that the new entry of judgment must agree with the judgment as varied by the Supreme Court minus what had been paid. In apparent effort to resolve differences between the parties about how much of the judgment debt remained to be paid...