[2015]DLHC4259December 18, 2015High Court

DAKAB CONSULT AND X-CEL ENGINEERING vs. ATTORNEY GENERAL, MINISTRY OF WATER RESOURCES WORKS AND HOUSING AND CHIEF DIRECTOR MINISTRY OF WATER RESOURCES WORKS AND HOUSING

The plaintiffs, Dakab Consult and X-Cel Engineering, were engaged by the 2nd defendant Ministry of Water Resources Works and Housing to assess and prepare estimates for renovation and redecoration works on UNDP flats at Cantonments. The plaintiffs submitted reports, consultancy fees, and bills of quantities as requested by the Ministry. The Ministry paid part of the fees but disputed the balance, denying any contractual obligation or debt to the plaintiffs. The plaintiffs claimed unpaid fees totaling GH₵552,146.46 plus interest and damages for breach of contract.

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By a writ of summons issued in January 2012, the plaintiffs seek: a. A declaration that plaintiffs are entitled to recover the sum of GH₵552,146.46 being fee claim for work done for the 2nd defendant sector Ministry on renovation and redecoration of UNDP flats at Cantonments b. Interest on GH₵552,146.46 at the prevailing bank lending rate from April, 2003 to date of final payment. c. General damages for breach of contract. d. Costs including lawyer’s fees. e. Any just and equitable reliefs. After the close of pleadings and the inability of the parties to settle at pre-trial, the matter was set down for hearing at which the parties gave evidence per their representatives and closed their cases. From the statement of claim filed by the plaintiffs, the court finds that the 2nd defendant, per a letter dated the 25th March 2002, informed the 1st plaintiff of the 2nd defendant’s intention to rehabilitate the UNDP block of flats situate at Cantonments. The court finds that by t...