ADJEI, J.A:
The Plaintiff sued the 1st-6th Defendants in the High Court on a tripartite agreement to recover some amounts owed to it under the said agreement. The then Defendants brought an application for joinder to join the 7th Defendant to the action and same was granted by the High Court. The High Court heard the matter and gave judgment for the Plaintiff on 18th May, 2015. The details of the amount to be paid was referred to an auditing firm to go into an account with the parties.
The High Court in its judgment delivered on 18th May, 2015 concluded as follows:
“Having admitted that she owes plaintiff under the facility, relief (a) of her counterclaim is refused. I enter judgment in favour of 1st defendant on relief (b) and make an order for an accounts. To ascertain the total under recovery and emergency cargo money and other NPA payments withheld by 7th Defendant, an Auditing Firm to be agreed upon between all three counsel and the Registrar of this court is hereby appointed to audit the accounts of the 7th defendant relating to payments, receivables, emergency cargo, under recoveries received by 7th Defendant under the tripartite agreement but which she failed/neglected or refused to pay into account of 1st defendant with Plaintiff.
The parties are by this order to furnish the court appointed auditor with all relevant documents to facilitate its work. The cost of the exercise shall be borne by 1st to 6th defendants. The Expert shall submit a written report of its findings to the court within 28 days of this Order.
Further orders shall be made on submission of the Report. Costs is deferred to the submission of the Report.”
The parties did not appeal against the judgment of the High Court rendered on 18th May, 2015. After several misunderstandings the parties agreed to the appointment of Deliotte as the auditors. Deliotte became the court expert. Deliotte submitted its auditor’s report through its Finance Director in the person of Douglas Elom. The Report concluded that the amount payable to the 7th Defendant as at 18th June, 2012 from 1st Defendant was GH¢1,558,933.87. Counsel for the 1st- 6th Defendants cross examined the court expert after which counsel for the 7th Defendant also took over. The parties filed their respective addresses and judgment was read by the High Court differently on the audit report on 29th May, 2019.
The 1st-6th Defendants dissatisfied and aggrieved by the interlocutory order made filed an appeal against same on 29th
