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January 11, 2019
HIGH COURT
GHANA
CORAM
RULING
Background:
(1) This is an application by Plaintiff/Applicant herein praying that summary judgment be entered against the Defendant/Respondent for the reliefs endorsed on the Writ of Summons filed on July 20th, 2018 stated below as:-
The Plaintiff claims against the Defendant as follows:
1. The payment of the sum of GH₵2,614,000.00 being the contract sum for the supply and installation of gymnasium equipment to the defendant which it has failed to pay.
2. Interest of 35% on the said GH₵2,614,000.00 from the 1st day of January, 2018 to the date of final payment.
(2) The Plaintiff/Applicant reproduced on the Motion paper filed on October 4, 2018 the above stated reliefs against the Defendant. Accompanying the Application is a 9 paragraph Affidavit sworn to by Dr. Eric Boachi Randolf who describes himself as the Managing Director of the Plaintiff Company with attached exhibits setting out the grounds for the prayer for an order for Summary Judgment. The thrust of the Plaintiff/Applicant’s case is that in or about the year 2008 the “Plaintiff was contracted by the Ghana Sports Authority under the Ministry of Youth and Sports at its own expense to supply and install gymnasium equipment to it, it did so until 2010 when the Ministry itself stepped in and took over the said contract to ensure that the Plaintiff equipped all the stadia in Ghana with the said gymnasium equipment”. The Plaintiff contends that it self-financed the project and fully supplied the equipment and installed same and as a result it is owed an amount of GH₵2,614,000.00 which the Defendant has failed to pay despite many demands made.
The Case for and against the Application
(3) The Plaintiff attached as Exhibit “A”, a letter from the Ministry of Youth and Sports dated March 26, 2010 and signed by Wolanyo K Agra, the Chief Executive Officer of the National Sports Council to support its contention that the Ministry is aware of the debt. According to the Plaintiff, although the Plaintiff had by the end of 2012 completed at its expense the contract, the Ministry of Youth and Sports waited until February 28, 2013 “when it was fully satisfied with the quality of the equipment supplied and installed before by a letter of the same date, formally awarded the contract in the said sum of GH₵2,614,000.00 to the Plaintiff for the equipment supplied aforesaid to ensure a complete compliance by the Plaintiff with the terms of the said contract”.
(4) It is the case of the Plaintiff/Applicant
AI Generated Summary
Apple Healthy Life Expert Limited sued the Ministry of Youth and Sports for non-payment of a contract to supply and install gymnasium equipment at the National Sports Authority stadia in Accra, Kumasi, Sekondi, and Tamale. The plaintiff self-financed the project and completed the work by 2012. Documentary letters from the Director General of the National Sports Authority and a Controller and Accountant-General warrant, together with a letter from Deputy Minister Cassiel Ato Forson, acknowledged the debt and authorized funds. The Attorney General entered conditional appearance and later filed a defence comprised only of denials and non-admissions. Applying Order 14 of C.I. 47, the High Court held there was no triable issue, granted summary judgment for the principal sum, awarded interest at the prevailing bank rate from March 1, 2013, and assessed costs of GH 10,000.00, rejecting the claimed 35% interest as unjustified.