Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

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

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.

JUDGMENT