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TABCON LIMITED v. THE ATTORNEY-GENERAL & THE MINISTRY OF TRANSPORT

January 14, 2010

COURT OF APPEAL

GHANA

CORAM

  • ASARE-KORANG, JA – (PRESIDING)
  • MARFUL-SAU, JA
  • VICTOR OFOE, JA

Areas of Law

  • Civil Procedure
  • Contract Law

AI Generated Summary

This Ghana Court of Appeal case arises from a High Court Fast Track Division summary judgment entered on 23 January 2009 in favour of the Plaintiff/Respondent, who sought contractual payments under an agreement with the Government of Ghana to implement a 250 KM dual carriage highway from Accra to Kumasi. The Attorney General represented the Defendants/Appellants, who filed appearance and procedural motions, but their affidavit opposing summary judgment disclosed no defence. On appeal, the appellants attempted to argue four additional grounds (including alleged denial of fair hearing) without first obtaining leave. Applying Rule 8(8) of CI 19 and citing NYE v NYE, the Court of Appeal held those grounds incompetent and refused to consider them. Addressing the only original ground, the court found no evidentiary basis to disturb the summary judgment because no defence was shown under Order 14 of CI 47. While affirming liability, the court varied the High Courts 10% costs award as excessive, replacing it with GH 15,000, and dismissed the appeal.

JUDGMENT