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GHANA REVENUE AUTHORITY v. SIC INSURANCE COMPANY LIMITED

2018

COURT OF APPEAL

GHANA

CORAM

  • KORBIEH J.A. (PRESIDING)
  • SOWAH J.A
  • KWOFIE J.A.

Areas of Law

  • Civil Procedure
  • Commercial Law
  • Contract Law
  • Evidence Law

AI Generated Summary

The case is an appeal from the 16th June 2016 judgment of the High Court (Commercial Division) Accra, where plaintiffs sought and were awarded bond security of GH¢5 million plus interest and costs against the defendant, based on a Warehouse Bond guaranteeing payment of revenue lost due to non-payment of customs & excise duties on warehoused goods. The defendant neither appeared in court nor complied with procedural requirements, resulting in judgment against them. They appealed, contending procedural unfairness and questioning conditions of the bond's liability. The appellate court found procedural fairness, citing plaintiffs' obligation to notify and proving compliance with the bond failed. The appellate court, citing previous cases and statutes, stressed that liability periods and bond terms were critical and ruled that the trial judge erred in holding the defendant liable. The appeal succeeded, setting aside the lower court’s judgment.

JUDGMENT