C.C.W. LIMITED vs. ACCRA METROPOLITAN ASSEMBLY

The Plaintiff, C.C.W. Limited, a Ghanaian limited liability company engaged in waste collection and landfill services, entered into a seven-year service agreement with the Defendant, Accra Metropolitan Assembly (AMA), a statutory body, on 4 December 1997. The Plaintiff commenced work in July 1999 and continued until the Defendant terminated the agreement in June 2001. The Plaintiff claimed breach of contract and sought payment for services rendered, interest, damages, loss of profit, and costs. The Defendant challenged the contract's enforceability, alleging it was executed under duress and in breach of statutory provisions including the Local Government Act 1993 (Act 462), AMA's Standing Orders, and the Loans Act 1970 (Act 335). The Defendant also contended that the contract lacked necessary approvals and was illegal and void.

DR. DATE-BAH, J.S.C. The facts The Plaintiff is a limited liability company incorporated under the laws of Ghana. It carries on the business of waste collection, disposal and management and also provides landfill services. The Defendant is a statutory body whose existence as a District Assembly was continued by the Local Government Act 1993 (Act 462). By an agreement of 4th December 1997, the Defendant engaged the Plaintiff to render waste disposal services, including landfill services, within the city of Accra. The agreement was to last 7 years from the date of its execution. The agreement further provided that both Parties had the option of renewing it for a further 7 years. The Plaintiff averred that it commenced work under the agreement on 13 July 1999 and continued to perform its obligations under it until 29th June 2001, when the Defendant terminated the agreement by a letter of that date. The Plaintiff contends that this termination constituted a breach of contrac...