[2023]DLCA17665December 21, 2023Court of Appeal

JAPAN MOTORS TRADING COMPANY LTD vs. IN GOD I TRUST LEGAL CONSULT LTD. & HANSEN KWADWO KODUAH

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: In this appeal taken against the Judgment of the High Court (Commercial Division), Kumasi, dated 28th November 2017, the defendants/appellants are challenging the currency rate of interest awarded by the trial court on a dollar denominated debt as well as Cost. The designation of the parties at the court below will henceforth be maintained. BACKGROUND FACTS The plaintiff is a company registered under the laws of Ghana and engaged in the importation, marketing and sale of Nissan automobiles as well as electronic gadgets. The 1st defendant is described as a limited liability company registered under the laws of Ghana which provides legal services. The 2nd defendant who is a legal practitioner was simply described in the pleadings as a Ghanaian resident in Kumasi. The undisputed facts are that, on or around 3rd May 2016, the plaintiff entered into a Credit Sale Agreement (The Agreement) with the 1st defendant for the sale of a Nissan...