[2009]DLSC2723 • April 22, 2009 • Supreme Court •
SUMAILA SANUNU vs. FRANKLIN GADO SALIFU
The appellant, a contractor awarded a contract by Ghana Telecom to build payphone shelters and telephone stand structures, was financially assisted by the respondent. The appellant made a statutory declaration to jointly execute the contract and share profits. Upon completion, the contract sum was paid to the appellant's company. The respondent claimed to have solely financed the project, which the appellant denied. A dispute arose over the amount financed and payments made, leading to legal action by the respondent for sums allegedly due.
read moreBAFFOE-BONNIE, J. S. C:- The Defendant/Appellant,(Appellant herein) a contractor, was awarded a contract by Ghana Telecom to build Payphone Shelters and Telephone Stand structures in the Wa District. As the Appellant’s company was cash strapped he approached the Plaintiff/Respondent, (Respondent herein) to assist him financially to execute the contract. The Appellant made a statutory declaration to jointly execute the contract and share the profit from the contract sum. The Appellant claims in Paragraph 4 of his statement of defence that the statutory declaration was between Franksali Enterprise Ltd of which the Appellant is the Managing Director and the Respondent. Upon completion of the contract a total sum of ¢137,286,033.50 was paid to the Appellant Company. The Respondent claimed he alone financed the entire project to the tune of ¢107,627,000[Paragraph 8 and 9 of the Statement of claim] and this was denied by the Appellant [Paragraph 8 of the statement of defence]. T...