DE SIMONE LTD. VS OLAM GHANA LTD

This is a Construction Dispute.

The Plaintiff is a civil construction firm, and it entered into an agreement to construct a Wheat Mill factory for the Defendant Company at Kpone, Tema, Ghana for a fixed sum of US$12, 000, 000. 00. The parties are in court as a result of non-payment of monies under the agreement and for further works, variations and delays allegedly caused by the Defendant, among others.

The exact claims as endorsed on the amended writ of summons and statement of claim filed on 7th February, 2019 are: 1. An order that the Defendants pay to the Plaintiffs, an amount of US$8, 202, 687. 71 being total work done, loss of profit and cost over-runs incurred by the Plaintiff.

2. Interest on the said amount from the 30th day of June, 2012 to the date of final payment.

The Defendant denied liability to the Plaintiff’s claims. By its further amended statement of defence and counterclaim filed on 22nd May 2019, the Defendant counterclaimed for the following reliefs: i. General damages for breach of contract.

The payment of Twelve Million One Hundred and Ninety-Two Thousand United State Dollars (US$12, 512, 000. 00) for each day of delay in handing over certain foundations, buildings and utilities; and iii.

ISSUES FOR TRIAL The issues for trial are as follows: 1. Whether or not there were defects in the construction works undertaken by the Plaintiff? 2. Whether or not the delay in the construction and handing over of the Defendant’s work was due to reasons attributed to the Defendant’s alone? 3. Whether or not the parties are bound by the time schedule for the completion and handing over the said works? 4. Whether or not the Plaintiff raised any queries in the tender documents received on 15th October, 2010? 5. Whether or not the terms of the tender documents formed part of the terms of the contract for the execution of the project? 6. Whether or not all the terms governing the execution of the project were contained in the contract executed by the parties? 7. Whether or not the contract executed by the parties is binding on the parties? 8. Whether or not the Plaintiff has breached the terms of the contract by failing to complete and hand over the project to the Defendant? 9. Whether or not the Defendant has suffered losses as a result of the Plaintiff’s breach of the contract? 10. Whether or not the Plaintiff is entitled to its reliefs? 11. Whether or not the Defendant is entitled to its counterclaim? EVIDENCE ON BEHALF OF PLAINTIFF For the Pla