GERMAN EQUIPMENT & MACHINERY COMPANY vs MINISTRY OF LOCAL GOVERNMENT & ANOTHER

Plaintiff claims against the Defendants jointly and severally the following reliefs:

(i) Payment by the Defendants of an amount of Seven Hundred and Forty-Two Thousand, Eight Hundred and Seventy Ghana Cedis, Fifty-Three Pesewas (GH¢742,870.53) being outstanding debts due and owing by the 1st Defendant to the Plaintiff as at 2nd March 2018.

(ii) Interest on the amount in (i) above effective April, 2018 to date of final payment and Cost.

PLAINTIFF’S CASE

Plaintiff’s case as contained in the Statement of Claim is that in or about 2014 to February 2018, it provided various services with respect to 1st Defendant’s heavy-duty machines.

That the services included security, lighting and Management of 1st Defendant’s equipment and machinery at the Free Zones and the Metropolitan, Municipal and District Assemblies (hereinafter referred to as MMDAs) maintenance and repairs of heavy equipment and machinery.

That the services it provided from 2014 to February, 2016 were duly paid for by 1st Defendant. However, the latter has defaulted in making payments for services rendered by Plaintiff from March 2016 to February, 2018.

That the total amount due and owing for various services provided by Plaintiff to the 1st Defendant and the “MMDAs” amounts to Seven Hundred and Forty-Two Thousand, Eight Hundred and Seventy Ghana Cedis, Fifty-Three Pesewas (GH¢742,870.53) which has been outstanding since March, 2018.

That despite the fact that Plaintiff through its lawyers have on several occasions demanded the payment of the amount stated above, Defendants have failed to do so.

DEFENDANTS’ CASE

Defendants’ case is that 1st Defendant entered into an Agreement with Plaintiff for the supply of equipment for various MMDAs under the “The Tour of Hope Project” in 2011.

That under the terms of the Contract, the various MMDAs were responsible for the maintenance and repairs of the equipment.

That per the terms of the Contract, any dispute arising out of or in connection with the Agreement shall be settled amicably out of Court; failing which the dispute shall be referred to Arbitration.

That Plaintiff has breached this provision of the Contract by initiating this action before this Court. That Plaintiff is not entitled to any of its claims against Defendants.

ISSUES TO BE DETERMINED BY THE COURT

Upon failure of Pre-trial Settlement Conference, the following issues were set down for trial:

1. Whether or not the 1st Defendant is responsible for the cost of maintenance and rep