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SKY CONSULT (GHANA) LIMITED v. GHANA POST COMPANY LIMITED

2012

COURT OF APPEAL

GHANA

CORAM

  • HENRIETTA ABBAN, J.A. (PRESIDING)
  • MARIAMA OWUSU, J.A.
  • FRANCIS KORBIEH J.A

Areas of Law

  • Civil Procedure
  • Contract Law
  • Commercial Law

AI Generated Summary

Justice Mariama Owusu, J.A. authored the lead opinion affirming a High Court summary judgment in favor of Sky Consult (Ghana) Limited against Ghana Post Company Limited arising from their December 2004 Collaboration Agreement to operate the Instant Money Transfer (IMT) service. The court held that Ghana Post’s denials were contradicted by signed, binding documents: Exhibit A confirmed Sky Consult’s patent ownership and contractual framework, and Exhibit C, a Ministry of Communications reconciliation report, documented and was accepted by both parties as to the 2005–2008 IMT accounts, assigning Sky Consult profits of GH¢787,106 and a capital refund of GH¢191,360 (total GH¢978,466). Procedurally, reliance on pleadings, affidavits, and exhibits complied with Order 14 of C.I. 47. Objections to interest were mooted by the parties’ acceptance of the Judicial Service auditor’s calculation. Arguments about ‘Fund Manager’ status, ratification, and the misfiled notice of appeal were rejected. The Court of Appeal dismissed the appeal.

JUDGMENT