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AFRICAN AUTOMOBILE LTD. v. MINISTRY OF INFORMATION - ACCRA & ANOR

April 14, 2010

COURT OF APPEAL

GHANA

CORAM

  • APPAU, J.A. (Presiding)
  • OFOE, J.A.
  • ACQUAYE, J.A

Areas of Law

  • Contract Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

Justice Victor Ofoe authored the lead opinion, with Justices Yaw Appau (Presiding) and K.A. Acquaye concurring, affirming a High Court judgment in a dispute between a vehicle maintenance company and Ghana’s Ministry of Information, with the Attorney‑General joined. The plaintiff sought GH¢14,174,693.12 for servicing and repairs allegedly governed by a “credit facility” (Exhibit A) and a purported acceptance (Exhibit B), and relied on compound interest to inflate its claim. After a default judgment was set aside, a referee (Mr. Korley) reconciled accounts and testified. The High Court found only GH¢1,563.64 outstanding as at 15 April 1999 and awarded interest at the prevailing commercial banking rate. On appeal, the Court of Appeal held Exhibits A and B did not form a binding contract, the trial judge properly rejected the Attorney‑General’s late submission to judgment, and legal questions could not be decided by the referee. The appeal was dismissed.

JUDGMENT