[2023]DLCA17645November 2, 2023Court of Appeal

OSEI KWABENA (DOING BUSINESS UNDER THE NAME AND STYLE OF OSEI KWABENA TRADING ENTERPRISE) vs. UNITED BANK OF AFRICA (GH.) & PRINCE EFFAH

JUDGMENT SUURBAAREH, JA This is an appeal by the 1st Defendant/Appellant, against the judgment of the High Court, Commercial Division, Kumasi, dated 8th November, 2022. The trial judge upon his evaluation of the evidence and the application of the law, entered judgment in favour of the plaintiff/respondent against the 1st defendant/appellant, as well as the 2nd defendant, for reliefs (a) to (f) endorsed on the writ of summons. It however went on to award norminal damages in respect of relief (f), for what the court termed were relative indiscretionary steps on the part of the plaintiff/respondent. On the cost, whilst the trial court awarded cost of GHC20,000.00 against the 2nd defendant, non-appellant, cost of GHC15,000.00 was awarded against the 1st defendant/appellant. The facts which gave rise to this appeal are not in much dispute. The parties would be referred to by their designations in the court below. The plaintiff, from the name is a businessman, trading under the name st...