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J U D G M E N T
IRENE C DANQUAH JA
This is an appeal against the judgment of the High Court Accra dated 18th May 2007 delivered by Her Lordship Justice Agyeman Bempah (Mrs). The appeal is against the whole decision.
The grounds of appeal are as follows:
The trial court erred by holding that the defendant having at an earlier meeting agreed to pay plaintiff, defendant argument that plaintiff executed its obligation under the contract negligently was an after thought.
The trial court erred in law in dismissing defendant’s Counter Claim.
The judgment is against the weight of evidence.
Additional grounds of appeal will be filed upon receipt of the record of proceedings.
The suit was commenced by the Plaintiff on 1st November 2004 against the defendant by issuing a writ of summons accompanied by a Statement of Claim. The reliefs endorsed on the writ of summons are as follows:
Recovery of the sum of ¢741,802,993.08 representing the unpaid balance for works executed for the defendants at Ridge, Accra which the defendants have refused to pay since 15th July 2004.
Interest on the said sum at the prevailing bank rate from 15thJuly 2004 to date of final payment.
On 6th July 2004, the Defendant filed a Statement of Defence and Counter Claim which was subsequently amended on 10th July 2004.
The Amended Counter Claim is as follows:
A declaration that the plaintiff’s refusal to remedy the defects with regard to plumbing works on the premises of the plaintiff is in breach of contract.
An order that plaintiff refunds to defendant the total sum of ¢16,201,920.00 being total sum of money spent on plumbing works.
Interest on the aforesaid sum of ¢16,201,920.00 from 23rd June 2005 when the aforesaid sum became due up to the date of final payment.
General damages for negligence.
In this appeal, the Plaintiff /Respondent and the Defendant/Appellant would be referred to simply as Respondent and Appellant respectively.
It appears necessary to recount the facts of this case in order to put them in perspective and to assist in considering the appeal.
The brief facts of the Respondent’s case is that by an agreement dated February 20, 2004 the Appellant commissioned the Respondent to execute works towards the refurbishment and expansion of facilities of the defendant’s secretariat at Ridge, Accra at the contract sum of One Billion Two Hundred & Eighty-one Million One Hundred & Ninety-five Thousand Seven Hundred & Fifty old GH Cedis (¢1,281,195,750.00). The Appellant