SKYLINE AIR LIMITED v. EUROPA PEE CO.LTD & ANOTHER
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, J.A (PRESIDING)
- ACQUAYE, J.A
- DZAMEFE, J.A
Areas of Law
- Civil Procedure
- Contract Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This case involves an appeal against a High Court decision to set aside a judgment in favor of a UAE company (plaintiff/appellant) against a Ghanaian company (defendant/respondent) in a dispute over a gold purchase agreement. The Court of Appeal found that the original judgment should not have been set aside because: 1) The service of hearing notices on the defendant's lawyer was legally sufficient, 2) The defendant's application to set aside the judgment was made well beyond the 14-day time limit prescribed by law. The court emphasized the principle that service on a party's lawyer is considered good service, and that applications to set aside judgments must be made within the specified time frame. The appeal was successful, and the High Court's decision to set aside the original judgment was itself set aside, effectively reinstating the original judgment in favor of the plaintiff.
GYAESAYOR, JA
The plaintiff/appellant in this case is a Limited Liability Company incorporated under the laws of United Arab Emirates with business office in Dubai while the defendant/respondent (hereinafter called defendant) is a Private Company Limited by Shares registered under the laws of Ghana.
The 2nd defendant a Ghanaian citizen holds himself up as the Chief Executive of the 1st defendant company. Sometimes in the year 2010 the parties came into contact with each other and decided to establish a business relationship for the purchase and importation of gold from the defendant to Dubai.
Consequently the plaintiff sent a representative to Ghana to discuss the transaction with the defendant. Upon the agreement reached defendants made initial shipment of gold to the plaintiff who paid for it by transferring money into defendant’s Account No. 290120905102 with Ecobank.
According to the plaintiff after the success of the initial transactions defendant called in September 2010 claiming that it had 30kg of gold ready for shipment at the cost of Nine Hundred and Sixty Thousand US Dollar (US960,000). The plaintiff were induced into signing an agreement to buy the gold as a result of which it transferred 960,000 US dollars into the 1st defendant’s account at Ecobank Ghana after which defendants acknowledged receipt.
The defendant failed to supply the gold as agreed even after the representatives of plaintiff had travelled to Ghana to ensure that the defendant carried out his part of the contract. Eventually, the plaintiff reported the matter to the police who after investigation concluded that it was a civil matter.
As a result of the conclusion arrived at by the police the plaintiff brought this action in the civil court to seek redress
In that claim, the plaintiff sought:
a. An order for the payment of the sum of US960, 000 being monies transferred to 1st defendants Ecobank Ghana Limited Accra Branch Account No.2901209051022 but settlement of which defendants have failed to make good several demands notwithstanding.
b. Interest on the said sum of US 960,000 at the prevailing bank rate till date of payment.
c. General and punitive damage
d. Special damages
e. Costs including lawyers fees assessed at 10% of the aggregate sums due and payable to the plaintiff
f. Any other reliefs the court may deem fit.
The defendant filed their defence and admitted the business transaction between the parties and also admitted that 2nd defendant is the CEO of the