[2013]DLSC2753 • July 26, 2013 • Supreme Court •
LIZORI LIMITED vs. MRS. EVELYN BOYE AND SCHOOL OF DOMESTIC SCIENCE & CATERING
The Plaintiff, Lizori Limited, entered into a contract with the Defendants for the construction of a two-storey building plus an extra floor at Kotobaabi for use as a domestic science and catering school. The Plaintiff was to prefinance the project and submit bills for payment. The Plaintiff completed two floors and started the extra floor when the Defendants unilaterally terminated the contract and re-awarded the job to another party. The Plaintiff submitted bills for work done but the Defendants refused payment, prompting the Plaintiff to commence legal action claiming payment for work done, interest, and general damages for breach of contract.
read moreBENIN, JSC:- The Defendants/Appellants/Respondents, hereinafter called the Defendants and the Plaintiff/Respondent/Appellant, hereinafter called the Plaintiff entered into a contract whereby the Plaintiff was to construct a two storey building plus an extra floor at Kotobaabi for use by the Defendants as a domestic science and catering school block. The Plaintiff’s case was that the total cost of the project was estimated at over one billion old cedis. The plaintiff was to pre-finance the project and submit bills to the Defendants for payments as and when necessary. Plaintiff further averred that they completed two floors and started work on the extra floor. At this stage the Defendants unilaterally abrogated the agreement and re-awarded the job to another person. The Plaintiff pleaded further that it submitted bills for work so far done but the Defendants failed or refused to pay despite repeated demands. That was why it commenced this action at the High Court, Accra, claiming the.....