[2016]DLCA4420December 15, 2016Court of Appeal

ADM COCOA GHANA LIMITED vs. INTERNATIONAL LAND DEVELOPMENT COMPANY LIMITED

AGYEMANG JA: In this appeal, the appellant seeks a setting aside of the judgment of the High Court of the 25th of July 2014. These are the matters antecedent to the present appeal. On 1st February 2008, the plaintiff/respondent (hereafter referred to alternately as the respondent, the plaintiff, or the Employer) describing itself as a company involved in cocoa processing, signed a works contract with the defendant/appellant (referred to hereafter alternately as the appellant, the defendant, or the Contractor), for the construction of a sixteen thousand square meters warehouse at Kaase in Kumasi: the approximate size of two international football parks. The construction was expected to be completed by 1st September 2008 when the respondent was due to receive a consignment of cocoa for storage thereat. Among the terms contained in the contract exhibit Awere these: That the standard of work, workmanship and materials were to be in accordance with the British Standard Specification o...