TABCON LIMITED (PLAINTIFF/RESPONDENT) vs. THE ATTORNEY- GENERAL AND THE MINISTRY OF TRANSPORT (DEFENDANTS/APPELLANTS)

MARFUL-SAU JA; This appeal is taken from the judgment of the High Court (Fast Track Division) Accra dated the 23-1-09. The Plaintiff/Respondent on 7- 11-08 issued a writ claiming against the Defendants/Appellants the following reliefs: “a. Recovery of the agreed fixed fee of US$2,000,000.00 b. Recovery of the amount of US$3,298,200.00 being remuneration for services. c. Recovery of reimbursable expenses of US$1,588,060.00 d. Costs of the action including Counsel’s fees. e. Interest on the various amounts under reliefs (a) (b) and (c) at the Commercial Banks lending rate from August 2003 till date of payment”. On the 14-11-08 the defendants entered appearance to the writ through their Solicitor the Attorney General. However on the 21-11-08 the Defendants/Appellants filed another appearance this time a conditional one through the same Attorney General. On the 1-12-08 the Plaintiff/Respondent filed an application for summary judgment under Order 14 Rule 1&2 and Order 19 Ru...