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CECO ENGINEERS LIMITED VS THE ATTORNEY GENERAL, OFFICE OF THE ATTORNEY GENERAL

2024

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE JOYCE BOAHEN

Areas of Law

  • Contract Law
  • Civil Procedure
  • Evidence Law
  • Constitutional Law

AI Generated Summary

CeCo Engineers Limited sued the Attorney-General, representing the Government of Ghana, to recover GH 2,496,089.93 for roadworks across Ahafo, Accra and Volta Regions, plus interest and costs. CeCo, a limited liability company, executed contracts covering grading, pothole patching and U-drain construction awarded by the Department of Urban Roads and the Ghana Highway Authority. IPCs and payment vouchers were issued and submitted to the Ghana Road Fund Secretariat, but funds were not released. After serving a statutory notice under the State Proceedings Act, CeCo tendered exhibits AD, including a stamped Statement of Bills and contract documentation. The Attorney-Generals witness acknowledged the contracts and IPCs, suggested that accounts be taken, and stated that payment is due within 90 days with interest thereafter, but offered no proof of payment. The Court verified each IPC item against exhibits, found the sums payable, adopted interest accruing after ninety days at simple interest, and awarded costs at 8%, assuming jurisdiction under Order 4 rule 2.

JUDGMENT