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TULLOW GHANA LIMITED v. SKYLIMIT STRUCTURE & ANOTHER

2018

COURT OF APPEAL

GHANA

CORAM

  • F.G. KORBIEH J.A (PRESIDING)
  • AGNES M.A. DORDZIE (MRS.) J.A
  • I. O. TANKO AMADU J.A

Areas of Law

  • Contract Law
  • Commercial Law

AI Generated Summary

The Court of Appeal dismissed the Appellant's appeal against the High Court judgment awarding damages to the Respondent. The court found that the Appellant had made representations to the Respondent that it would be awarded a contract for crane and forklift services, which the Respondent relied on to its detriment. The court held that the limitation of liability clause in the pre-contract did not preclude claims for general damages based on promissory estoppel. The court affirmed the Trial Court's award of damages, finding it had properly considered the Respondent's losses resulting from its reliance on the Appellant's representations. The court emphasized the importance of interpreting commercial contracts in a commercially sensible manner and upheld the principle that damages should put the injured party in the position they would have been in had the contract been performed.

JUDGMENT