[2015]DLCA8307 • March 26, 2015 • Court of Appeal
INTERNATIONAL ROM LIMITED vs. VODAFONE LIMITED FIDELITY BANK LIMITED
International Rom Limited entered into multiple contracts with Vodafone Limited for telecommunications infrastructure works, including supply, installation, and maintenance. Despite executing the contracts, International Rom Limited claimed Vodafone Limited failed to provide necessary funds, forcing it to borrow at high interest rates. Vodafone Limited disputed liability, alleging International Rom Limited failed to meet technical specifications and delayed completion, and claimed to have paid all due amounts to a Mauritius-registered entity. Fidelity Bank was joined as a defendant due to outstanding loans to International Rom Limited. The High Court ruled in favor of International Rom Limited, awarding damages and ordering repayment of loans from Vodafone Limited.
read moreThis is an appeal against the decision of the High Court (Commercial Division), Accra dated 15th May, 2013 in favour of the plaintiff/ respondent against the 1st defendant/appellant. I will refer to the parties in the manner they appeared at the court below. The case of the plaintiff as gathered from its pleadings and evidence at the trial was that, it entered into a number of contracts with the 1st defendant, the first, dated 17th December, 2003 (Exhibit A) as amended by a Supplementary Frame Contract dated 26th January, 2005 (Exhibit B) for the supply, delivery, installation, testing, commissioning, maintenance and support services for 1st defendant’s expansion network. According to the plaintiff, it subsequently executed another contract with the 1st defendant, dated 13th May, 2008 (Exhibit C) and 2nd October, 2008 (Exhibit D) in respect of the 1st defendant’s expansion of its network aforesaid. The plaintiff contended that although it faithfully and diligently execu...