[2008]DLCA4439 • October 30, 2008 • Court of Appeal
BALLAST NEDAM GHANA BV vs. HORIZON MARINE CONSTRUCTION LTD
The respondent, Ballast Nedam Ghana BV, and the appellant, Horizon Marine Construction Ltd, both Ghanaian corporate bodies, entered into a contract on 1 August 2006 for construction works related to the West Africa Gas Pipeline Project, valued at US$7,101,753.00. Payment was agreed to be made within 30 days of invoice submission. A dispute arose over unpaid invoices totaling US$1,044,200.50, with the appellant alleging non-compliance with contract specifications by the respondent.
read moreKUSI-APPIAH, J.A.: The plaintiff /respondent (hereinafter referred to as the respondent) is a body corporate based in Ghana with its registered offices in Roman Ridge, Accra. The defendant/appellant (hereinafter referred to as the appellant) is also a body corporate based in Ghana with its registered offices in Dzorwulu in Accra. On or about 1st August, 2006, so states the respondent in their statement of claim, the parties herein entered into an agreement for construction of works described as onshore and offshore activities at Tema and Takoradi Ports as part of a multi-national West Africa Gas Pipeline Project in the total sum of US $7,101,753.00. According to the respondent, it was agreed between the parties that payment would be made to the respondent within 30 days of the submission of an invoice by the respondent to the appellant. A dispute eventually arose between the parties over the issue of payment for works done. The respondent claims that services were performed for which...