FOOTPRINT SOLUTIONS CO. LTD v. LEO _ LEE COMPANY LTD
May 24, 2013
SUPREME COURT
GHANA
CORAM
- DR. DATE BAH, J.S.C. (PRESIDING)
- ANIN YEBOAH, J.S.C.
- BAFFOE BONNIE, J.S.C.
- BENIN, J.S.C.
- AKAMBA, J.S.C
Areas of Law
- Civil Procedure
May 24, 2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
Following a failed equipment transaction, the plaintiff-appellant sued in the High Court, Kumasi, to recover GHC 20,000 and interest from the defendant-respondent after the delivered printer proved mechanically faulty. The respondent sought a change of venue to Accra under the sales agreement; the High Court dismissed the motion on 15 May 2009. The respondent appealed the venue ruling and, on 7 July 2009, moved in the Court of Appeal for a stay of proceedings. While that interlocutory venue appeal was pending, the appellant obtained summary judgment on 22 July 2009 and the respondent appealed that judgment and sought a stay of execution. On 25 January 2010, the Court of Appeal stayed all proceedings. Before the Supreme Court, the appellant argued the stay was a nullity because no proceedings remained to be stayed. Akamba J.S.C., writing for the Court, held the stay was properly granted under Rule 27A as it related to an interlocutory appeal; Anin Yeboah J.S.C. concurred on inherent jurisdiction. The Supreme Court dismissed the appeal and ordered the respondent to expedite the summary judgment appeal record.
JUDGMENT
AKAMBA, J.S.C
The Court of Appeal delivered a ruling on 25th day of January 2010 in which it granted a stay of proceedings pending appeal, filed by the defendant/appellant/respondent, herein after simply referred as the respondent, against a decision of the High Court, Kumasi in favour of the Plaintiff/Appellant/ Appellant, hereinafter simply referred as the Appellant. Dissatisfied with the aforesaid ruling, the appellant has filed a number of grounds before this court for determination.
FACTS
Before dealing with the grounds and merits of this appeal, a brief overview of the facts leading to the case is necessary in order to appreciate the present matter. It all begun when the Appellant as plaintiff issued a writ of summons at the High Court Kumasi seeking a recovery of the sum of GHC 20,000 being part payment it made to the respondent for the supply of a printer which proved mechanically faulty and/or malfunctional upon delivery. It also claimed interest on the amount. The respondent entered conditional appearance and filed an application for a change in venue from Kumasi to Accra stating reasons from the terms of their written contract among others. The motion for change in venue was argued on 15th May 2009 and dismissed by the court for lack of merit. Obviously displeased with the said ruling, the respondent appealed to the Court of Appeal on 21st May 2009 against same. (See pages 19-20 of ROA). The respondent also filed a motion on notice to stay the proceedings in the trial court pending hearing of the appeal on 7th July 2009. (See page 1 of ROA). The respondent’s Notice of Appeal was couched as follow:
“Take Notice that the Defendant/Appellant herein being dissatisfied with and aggrieved by the ruling of the High Court, Kumasi, given on 15th May, 2009…..does hereby appeal to the Court of Appeal on the grounds stated in paragraph 4 and the Appellant further states that the name and address of the person directly affected by this appeal is that set out in Paragraph 5.
3. RELIEFS SOUGHT
i. The Ruling to be set aside.
ii. An order referring the suit to the Chief Justice for transfer to Accra.
4. GROUNDS OF APPEAL
The ruling was against the weight of evidence
(ii) The learned judge erred in law in holding that the convenient forum for the hearing of the suit is Kumasi in the teeth of overwhelming evidence provided by the said agreement exhibited which was executed by the parties and which showed that the contract was performed in Acc