[2024]DLHC18109March 28, 2024High Court

CITY FACILITIES MANAGEMENT LIMITED vs. COMLAND GHANA LIMITED & ORS

The Plaintiff, City Facilities Management Limited, entered into a Facility Management Service Agreement (FMSA) with the 1st Defendant, Comland Ghana Limited, on 29 October 2018 to provide reception, cleaning, security, landscaping, and maintenance services for Sloane House. The Plaintiff also engaged the 3rd Defendant to provide security services. The Plaintiff alleges breach of contract and non-payment by the 4th Defendant, and claims that the 2nd Defendant was formed by the 4th and 5th Defendants to unlawfully terminate the contract and frustrate the Plaintiff's performance.

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JUDGMENT INTRODUCTION [1] The Plaintiff in this suit is a Limited Company engaged in among others facility management services 1st Defendant is a body corporate and is into acquisition of leases and provides estate management services among others. The Plaintiff and 1st defendant on 29 October 2018 entered into a Facility Management Service Agreement (FMSA) for it to provide reception, cleaning, security landscaping services and other maintenance services for a building known as Sloane House. The events which seem to have provoked the Plaintiffs’ present action are the allegation of breach of the FMSA and the failure of the 4th Defendant to pay for services rendered to him by the Plaintiff and an alleged breach of contract between the Plaintiff and the 3rd Defendant. Plaintiff’s Pleadings [2] The case of the Plaintiff as can be gathered from its pleadings is that on 29 October 2018 1st Defendant engaged Plaintiff to provide reception, cleaning, security, landscaping and main...