2000 LIMITED v. FRANCIS OTOO
2015
COURT OF APPEAL
GHANA
CORAM
- KUSI APPIAH JA (PRESIDING)
- ADUAMA OSEI JA
- WELBOURNE (MRS.), JA
Areas of Law
- Contract Law
- Civil Procedure
- Judicial Review
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case revolves around a Notice of Appeal filed by the Plaintiff/Appellant seeking to set aside a judgment read in the Fast Track Division of the High Court. The appeal was dismissed on the basis that the proceedings leading to the judgment were nullities, rendering the appeal purposeless.
ADUAMA OSEI
By a Notice of Appeal filed on the 29th of May, 2013, the Plaintiff/Appellant is praying this Court to set aside a “judgment” read in the Fast Track Division of the High Court on the 24th of May, 2013. The sole ground disclosed on the Notice of Appeal is that “the whole judgment is against the weight of evidence.”
I have read the Record of Appeal a number of times and I have been wondering whether, considering the state of the record and the relief sought in this appeal, the Plaintiff/Appellant is not inviting this Court to engage in a purposeless judicial exercise.
In this judgment, the Plaintiff/Appellant will be referred to as “the Plaintiff” and the Defendant/Respondent will be referred to as “the Defendant.”
In its action commenced in the Fast Track Division of the High Court, Accra, on the 29th of January, 2008, the Plaintiff sought a declaration that the Defendant was indebted to it in the sum of GH¢36,812.00. It also sought in its favour an order against the Defendant for the payment of the said sum together with interest from 18th January, 2008, until date of final payment. As an alternative to the claims as stated above, the Plaintiff sought from the trial Court a declaration that “as drawer of the cheques numbered 000056, 000057 and 000058 defendant is liable to pay plaintiff the full value of the cheques upon dishonour”, and an order against the Defendant in its favour for the payment of the sum of GH¢36,812.00, being the full value of those cheques, with interest thereon from 21st January, 2008 to date of final payment.
In the statement of claim that accompanied its writ of summons, the Plaintiff alleged that the Defendant was a distributor of its goods under an agreement dated 6th September, 2007, by which the Defendant was to pay the Plaintiff for all goods supplied to him not later than 30 days from the date on which the goods were supplied, unless the Plaintiff extended the period in writing for such period as it thought fit. In pursuance of the said agreement, the Plaintiff had, as at 18th December, 2007, supplied the Defendant with various quantities of phone cards valued at GH¢224,042.90, in respect of which the Defendant had made a partial payment, leaving an outstanding balance of GH¢36,812.00. The Plaintiff alleged that to discharge his indebtedness to it, the Defendant had issued 3 cheques drawn on the Ring Road branch of Ecobank numbered 000056, 000057 and 000058 for the respective sums of GH¢16,812.00, GH¢10,000.0