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
2024
HIGH COURT
GHANA
CORAM
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.
THE PLAINTIFF’S CLAIMS
The Plaintiff commenced this suit against the Defendant praying for the following reliefs; (a) Recovery of the total amount of GH₵ 2, 496, 089. 93 consisting of the following; 1. Recovery of the total amount of GH₵ 52, 368. 22 as WORK DONE on account of Interim Payment Certificate No. 1 dated 6th December, 2020, for the execution of a contract involving Grading of selected Roads in Gidim – Goaso which became payable on 6th December, 2020. 2. An amount of GH₵ 50, 822. 87 as WORK DONE on account of Interim Payment Certificate No. 1 dated 8th December, 2020 for the execution of a contract involving grading of selected roads – Asudai – Goaso, PH2 which became payable on 8th December, 2020. 3. An amount of GH₵ 169, 236. 33 as WORK DONE on account of Interim Payment Certificate No. 1 dated 5th January, 2021 for the execution of a contract involving construction of 0. 60 U – Drains along selected roads in Nurses/Midwifery Training School Area Roads, LHS, Goaso which became payable on 5th January, 2021. 4. An amount of GH₵ 168, 334. 78 as WORK DONE on account of Interim Payment Certificate No. 1 dated 17th January, 2021 for the execution of a contract involving pothole patching on selected roads in Duayaw Nkwanta, PH2 which became payable on 17th January, 2021. 5. An amount of GH₵ 79, 073. 73 as WORK DONE on account of Payment Certificate No. 1 dated 12th January, 2021, for the execution of a contract involving pothole patching on selected roads in Bechem, PH2 which became payable on 12th January, 2021. 6. An amount of GH₵ 73, 803. 13 as WORK DONE on account of Interim Payment Certificate No. 1 dated 12th January, 2021, for the execution of a contract involving pothole patching on selected roads in Bechem, PH1 which became payable on 12th January, 2021. 7. An amount of GH₵ 115, 624. 50 as WORK DONE on account of Interim Payment Certificate No. 1 dated 12th January, 2020 for the execution of a contract involving pothole patching on selected roads on Duayaw Nkwanta, PH1 which became payable on 12th January, 2020. 8. An amount of GH₵ 179, 972. 90 as WORK DONE on account of Interim Payment Certificate No. 1 dated 29th December, 2020 for the execution of a contract involving construction of U-Drain along Hope Marie School Road (250M) – Lot 1 which became payable on 29th December, 2020. 9. An amount of GH₵ 182, 317. 93 as WORK DONE on account of Interim Payment Certificate No. 1 dated 29th December, 2020 for the execution of a contract involving