[2003]DLSC1040 • July 23, 2003 • Supreme Court •
SKANSKA JENSEN INTERNATIONAL vs. KLIMATECHNIK ENGINEERING LTD
The appellants, Skanska Jensen International, as main contractors for civil engineering works at the Golden Tulip Hotel, subcontracted HVAC works to the respondents, Klimatechnik Engineering Ltd. Although a draft subcontract was initialled on 23 December 1996, the formal subcontract was never finalized or signed. Despite this, the respondents commenced work under pressure from the appellants. The appellants later terminated the respondents' contract on 3 April 1997, citing failure to provide a performance guarantee. The respondents claimed payment for work done amounting to US$224,533.29, which the appellants refused to pay, leading to this dispute.
read moreJUDGEMENT Twum JSC On 17 February 1999 the plaintiff-respondents (hereinafter refered to as the respondents) issued a writ of summons accompanied by a statement of claim in the High Court, Accra against the defendant-appellants. In the course of the trial, the respondents wholly discontinued their action against the second defendant, namely Glahco Hotels & Tourism Development Co Ltd and its name was struck out from the suit, leaving Skanska Jensen International (hereinafter referred to as the appellants). The writ of summons was indorsed with the following reliefs: “(i) Payment of the sum of US$224,533.29 or its cedi equivalent at the current forex bureau rate of exchange at the date of payment, being the plaintiff’s bill for the supply of equipment and materials and engineering services for HVAC works executed by the plaintiff at the new executive guest rooms wing of Golden Tulip Hotel at the request of the first defendant as the main contractors for itself and on behalf ...