[2016]DLCA4730 • January 21, 2016 • Court of Appeal
KRANYARKO FARMS LIMITED vs. ELECTRICITY COMPANY OF GHANA
The plaintiff, Kranyarko Farms Limited, operates a poultry farm with a hatchery in Nsawam District and relies on the defendant, Electricity Company of Ghana (ECG), for power supply. The plaintiff fell into arrears on electricity bills in 2010, leading to a Debt Rescheduling Agreement to pay GH¢1,500 monthly installments plus monthly electricity bills. The plaintiff had multiple meters for different parts of the farm. In May 2011, ECG disconnected power alleging breach of the agreement due to unpaid debt. The plaintiff denied owing and sued for damages claiming unlawful disconnection caused loss of eggs and business damage.
read moreOFOE,J.A: The plaintiff is in the Poultry Farm business located in the Nsawam District. It has a Hatchery as part of the business. For its power supply it relies on the defendant electricity company and therefore bound by all the rules and regulations of the defendant company. These rules include payment of the electricity bills as and when submitted by the defendant. Somewhere in the year 2010 the plaintiff fell into arrears of the electricity bill payments. It therefore became necessary for the defendant to enter into a Debt Rescheduling Agreement by which the plaintiff was to pay the debt over six months. The installment payments of the debt was to be by GH¢1,500 each month together with the monthly bills of electricity consumed by the defendant. That is to say he was under obligation, in terms of the rescheduled agreement, to pay each particular month’s electric consumption together with the amount of GH¢1500. The agreement was tendered as exhibit B found at page 208 of the r...