GARDNERS PLUMBLING & SEWAGE SERVICES LTD. (PLAINTIFF) vs. ATTORNEY – GENERAL (DEFENDANT)

The instant application seeks an order to set down for determination the issue whether or not the plaintiff’s claim indorsed on the writ of summons is statute barred in view of the fact that the plaintiff seeks to recover an amount of GH₵61,383.59 which it says was due to it as far back as September 2001. The defendant/applicant referred to section 4 of the Limitation Act, 1972, NRCD 54 and submitted that in view of the claim indorsed on the writ of summons, particularly the relief for the recovery of the sum allegedly due the plaintiff from the Ministry of Works and Housing, that the plaintiff’s claim is statute barred. Counsel for the plaintiff however submitted that in view of a letter by the Consultant to the project written on the 23rd May 2017, the indebtedness of the Ministry to the plaintiff is acknowledged and therefore the suit by the plaintiff is not caught by the statute of limitation. It is very important to point out that at paragraph 10 of the statement of claim...