International Rom Limited Vrs Vodafone Ghana Ltd & Anor [2022] GHASC 85 (25 May 2022)

International Rom Limited Vrs Vodafone Ghana Ltd & Anor [2022] GHASC 85 (25 May 2022)

The Supreme Court's variation order applied only to the award of US$2,280,000.00 based on the undertakings, not to the 'special damages' or counterclaim. The High Court erred in excluding part of the 'special damages' from the defendant's liability, and the Court of Appeal was correct to reverse that decision.

Citation
[2022] GHASC 85
Parties
Plaintiff/appellant/respondent: International Rom Limited; 1st Defendant/respondent/appellant: Vodafone Ghana Ltd.; 2nd Defendant: Fidelity Bank Limited
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
25 May 2022
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Damages, Loan Undertakings, Judgment Variation
Source Language
English
Contract Law Banking Law Breach of Contract Damages Loan Undertakings Judgment Variation

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Parties

International Rom Limited

Plaintiff/appellant/respondent

Vodafone Ghana Ltd.

1st Defendant/respondent/appellant

Fidelity Bank Limited

2nd Defendant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 What is the effect of the Supreme Court's variation on the original judgment awards?
  2. 2 Which head of award was affected by the Supreme Court's variation order?

Ratio Decidendi

The Supreme Court's variation order applied only to the award of US$2,280,000.00 based on the undertakings, not to the 'special damages' or counterclaim. The High Court erred in excluding part of the 'special damages' from the defendant's liability, and the Court of Appeal was correct to reverse that decision.

Court Disposition

Appeal dismissed

Orders

  • The judgment of the Court of Appeal is affirmed.
  • The calculation of the defendant's liability must include the full 'special damages' awarded to the plaintiff.