[2023]DLCA17664 • December 21, 2023 • Court of Appeal
ISAAC TWUM vs. JACOB OKYERE & 2 ORS.
JUDGMENT YAW DARKO ASARE, JA This appeal emanates from the judgment of the High Court, Kumasi, dated the 17th of January 2023, by which the trial court dismissed the claim of the Plaintiff/Respondent’s for the reliefs endorsed on the writ of summons and upheld the reliefs claimed by the 3rd Defendant/Appellant on his counter-claim. For purposes of convenience, the Parties shall bear the same designation as in the court below and accordingly, the Plaintiff/Respondent herein shall simply be referred to as the Plaintiff, whilst the 3rd Defendant/Appellant shall be referred to as the 3rd Defendant. FACTS The instant appeal relates to the question of the amount of the damages awarded in favour of the 3rd Defendant at the end of a full scale trial, which the learned trial Judge, so far as is relevant to the present appeal, assessed as follows at page 364 of the record of appeal:- “the Plaintiff to pay to the 3rd Defendant demurrage charges, hiring fees of an articulator truck a...