JULIANA OSEI BONSU vs. KUMASI METROPOLITAN ASSEMBLY

JUDGMENT GAEWU, JSC: INTRODUCTION My Lords, on 12th February 2025 we delivered judgment in this appeal brought by the plaintiff/respondent/appellant (hereinafter referred to as the plaintiff) against the judgment of the Court of Appeal dated 28th November 2022 and we reserved our reasons which we now proceed to deliver. FACTS The facts that led to the appeal may be stated briefly: On December 24, 2007, the plaintiff, a businesswoman doing business under the sobriquet “Osborn Enterprise” was awarded a franchise for provision of solid waste collection services in the Asawase Sub-Metropolitan area within the Kumasi Metropolis by the defendant/ appellant/respondent (herein after referred to as the defendant). The plaintiff commenced work under the contract on 1st January 2008. However, sometime in October 2008, the plaintiff was served with a letter dated 31st July 2008 by the defendant unilaterally terminating the contract without any prior notice to the plaintiff. The p...