ACCESS BANK (GHANA) LTD VRS MOVELLE COMPANY LTD. & ANOR

This is an appeal against the Ruling of the High Court, Accra dated the 13th day of January 2023. The Plaintiff/Appellant herein dissatisfied with the Ruling, by a Notice of Appeal dated the 27th day of January 2023, appealed against same on the following grounds;

1. The learned judge erred when she held that her decision dated 29th April, 2021 was a final judgment which determined the rights of the parties and therefore functus officio.

Particulars of error

a. The judgment of the court dated 29th April 2021, did not determine the

final rights between the parties.

b. The learned judge held in her judgment dated 29th April, 2021 that the 1st

Respondent has admitted his indebtedness to Plaintiff/Appellant.

c. The learned judge stated at pages 27-28 of her judgment dated 29th April, 2021 that she can only make final pronouncement on the reliefs sought by the Plaintiff (Appellant) to recover the debt after an auditor has reconciled the accounts of the parties.

The judgment dated 29th April 2021 did not dismiss Plaintiff/Appellant’s claim but was subject to the reconciliation of accounts by Auditor for the court to make final pronouncement on the reliefs.

Further grounds of appeal to be filed upon receipt of the Record of Appeal On the 27th day of March, 2023 the Plaintiff filed additional grounds of appeal which were couched as follows:

1. The learned judge erred in law when she wrongly held that an order for accounts may only be made upon an application by a party in the course of proceedings.

Particulars of error

The court has power to suo motu make an order for accounts in her judgment.

1. The learned judge erred by wrongfully declining jurisdiction to consider the evidence of the Respondent.

Particulars of error

a. The learned judge was seized (s.i.c) with jurisdiction to consider the Auditor’s report and to pronounce on the exact indebtedness of Respondent.

b. The learned judge’s failure to pronounce on the exact indebtedness of Respondent after she conceded that there was no dispute about the Respondent’s indebtedness, has occasioned a substantial miscarriage of justice, leaving Appellant without a remedy.

For the purposes of this appeal, the parties to this appeal shall maintain their respective designations at the court below i.e the Plaintiff/Appellant herein shall be referred to as the ‘Plaintiff’ whereas the Defendants/Respondents shall be referred to as