BUAFUL vs. CONSTRUCTION PIONEERS

JUDGMENT OF WUAKU The original parties to the suit herein were Nana Kofi Amanyi III and Carl Ploetner Engineering Construction (Ghana) Ltd. The original plaintiff died before the hearing of the case could be started and was substituted for by Opanyin Kweku Buaful. It appears that the original defendants too for one reason or the other have ceased to operate in Ghana and have been replaced by Construction Pioneers. The plaintiff’s claim is based on an agreement dated 21 February 1977 whereby the defendants had agreed to pay ¢2,000 for the removal of 6,000 cubic yards of gravel from the plaintiff’s land. The plaintiff’s case is that the defendants had paid the ¢2,000 for the 6,000 cubic yards of gravel or soil taken but had not paid for the gravel or soil taken in excess of the 6,000 cubic yards agreed upon. The plaintiff says that in all, the defendants took 117,000 cubic yards of gravel and the defendants are therefore liable to pay to him for 111,000 cubic yards of gravel ...