BUSHIE ENTERPRISE vs. THE PROJECT MANAGER, NORELEC GHANA & NORLEC GHANA

ARYEETEY, J.A. A background to this appeal is as follows: The plaintiff/respondent, as Sub-Contractor, entered into an agreement, exhibit A, with the second defendant/appellant-company, as Contractor, on 15th June 1998 for the excavation of foundations and erection of 221 steel towers for electricity transmission of 34.5 KV line between Kumbungu and Daboya in the Northern Region. The contract price payable to the respondent is stated in the agreement. It is the case of the respondent that the appellants unilaterally reduced the number of towers to be erected to 42 without any justification, which was in violation of clause 1.7 of exhibit A. The respondent contends further that while he was making excavations in respect of Towers Numbers 1-42 the appellants stopped him without giving him the notice required under Clause 1.7 of exhibit A. According to the respondent the termination of the contract by the appellants was also contrary to Clauses 2.1, 3.1. and 3.2. of exhibit in that when...