DADYCO CONSTRUCTION WORKS LIMITED vs. UNIVERSITY OF EDUCATION AND THE REGISTRAR, UNIVERSITY OF EDUCATION

In 2009, the University of Education, Winneba, invited tenders for the rehabilitation of Ghartey Hall Block 'B'. Dadyco Construction Works Limited (the plaintiff company) submitted the lowest bid and was recommended by the Tender Evaluation Panel. However, the University Tender Committee (UTC) rejected Dadyco's tender due to prior poor performance and approved the second lowest bidder, Jack Dharu. The Director of Procurement, AborahBoateng, fraudulently altered the UTC's minutes to replace Jack Dharu with Dadyco and submitted this forged document to the Regional Tender Review Board (RTRB), which gave concurrent approval based on the forged report. The UTC protested upon discovering the forgery and refused to award the contract to Dadyco, opting instead to carry out the works internally. Dadyco sued for declarations, damages, and injunctions, claiming it had won the tender and was unlawfully denied the contract.

KANYOKE, J.A.: In this judgment, the parties shall be referred to simply and respectively as the Plaintiff company and the Defendants. By its amended writ of summons, the plaintiff company claimed against the defendants the following reliefs: “a. A declaration that the tender for the rehabilitation of Ghartey Hall Block ‘B’ of the University of Education, Winneba, was won by Dadyco Construction Works Limited pursuant to the bid evaluation. b. A declaration that the award of the tender to and the execution of the work by any other entity except Dadyco Construction Works Limited is unlawful. c. The award of one hundred and seventy thousand Ghana cedis (Gh¢170,000.00) in damages for the losses incurred in bid preparation, loss of income resulting from the loss of the tender by Dadyco Construction Works Limited and loss of other words leading to loss of income resulting from the publication of defamatory material to tarnish the intergrity and image of Dadyco Constructio...