[2017]DLHC12112 • January 17, 2017 • High Court
DELIN CONSULT LTD vs. SCANCOM LTD AND ATC TOWERS (GHANA) LTD
Plaintiff, a civil engineering company, contracted with 1st Defendant (telecommunication services provider) to procure building and environmental permits for erection of telecommunication masts. Services were provided on a case-by-case basis with phased payments. A formal agreement was executed in April 2011 and a novation agreement in June 2011 involving both Defendants. Plaintiff claimed outstanding payments totaling GH¢239,473.91 for services rendered between 2007 and 2010. 1st Defendant denied liability citing failure of Plaintiff to produce permits as proof of work, and 2nd Defendant denied liability for pre-novation obligations and claimed full payment post-novation.
read moreJUDGMENT The Plaintiffs claim against both Defendants is for: “(a) Recovery of the sum of GH¢239,473.91 being the aggregate outstanding sum owed to the Plaintiff by the Defendants on the agreement dated which the Defendants have failed to honour. (b) Interest on the said sum of GH¢5239,473.91 at the Commercial Bank interest rate of 29% per annum at the time of judgment inclusive of the date of payment. (c) Damages for breach of contract. (d) Costs” Each Defendant denied liability in its statement of Defence in answer to the averments of the Plaintiff in its statement of claim. At the close of pleadings, the Plaintiff filed the following as the issues to be considered in resolving the dispute: “1. Whether or not the 1st and 2nd Defendants entered into various agreements for site and permit acquisition to facilitate the erection of telecommunication masts for the 1st Defendant. 2. Whether or not the Plaintiff carried out their obligations under the contract. 3. ...