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JOSEPH APPENTENG v. WOODS CONSULTANCY SERVICES & ANOTHER

2021

COURT OF APPEAL

GHANA

CORAM

  • WELBOURNE (MRS), J.A. (PRESIDING)
  • AMMA GAISIE (MRS), J.A.
  • KOOMSON, J.A

Areas of Law

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

AI Generated Summary

The Court of Appeal, per Welbourne J.A., dismissed the Defendants’ appeal and affirmed the Accra High Court’s Commercial Division judgment in a dispute over profit sharing and accounting under a telecom infrastructure project for Ghana Telecom/Vodafone. The Plaintiff, an urban planner, partnered with the Defendants, including the 2nd Defendant, a priest and managing consultant of the 1st Defendant, to secure permits and sites nationwide. The parties initially agreed on a 40/30/30 split after tax; the Defendants later alleged a variation and produced self-prepared accounts (Exhibit E). An independent audit (Exhibit A) was appointed and tendered. Applying rehearing principles, the Court of Appeal held Exhibit A admissible and probative, found only one contract (Exhibit H) with four phases, rejected VAT and expense claims lacking documentation, and confirmed the 40/30/30 profit ratio with no proven variation. The appeal failed entirely; on cross-appeal, the court awarded interest at the prevailing bank rate from 29 May 2013 to 3 March 2017, with post-judgment interest per C.I. 52.

JUDGMENT