JOSEPH APPENTENG v. WOODS CONSULTANCY SERVICES & ANOTHER
2021
COURT OF APPEAL
GHANA
CORAM
- WELBOURNE (MRS), J.A. (PRESIDING)
- AMMA GAISIE (MRS), J.A.
- KOOMSON, J.A
Areas of Law
- Contract Law
- Civil Procedure
- Evidence Law
- Commercial Law
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Welbourne J.A., dismissed the Defendants’ appeal and affirmed the Accra High Court’s Commercial Division judgment in a dispute over profit sharing and accounting under a telecom infrastructure project for Ghana Telecom/Vodafone. The Plaintiff, an urban planner, partnered with the Defendants, including the 2nd Defendant, a priest and managing consultant of the 1st Defendant, to secure permits and sites nationwide. The parties initially agreed on a 40/30/30 split after tax; the Defendants later alleged a variation and produced self-prepared accounts (Exhibit E). An independent audit (Exhibit A) was appointed and tendered. Applying rehearing principles, the Court of Appeal held Exhibit A admissible and probative, found only one contract (Exhibit H) with four phases, rejected VAT and expense claims lacking documentation, and confirmed the 40/30/30 profit ratio with no proven variation. The appeal failed entirely; on cross-appeal, the court awarded interest at the prevailing bank rate from 29 May 2013 to 3 March 2017, with post-judgment interest per C.I. 52.
JUDGMENT
WELBOURNE, J.A
This is an appeal by the Defendants/Appellants (‘the Appellants’) against the judgment of an Accra High Court (Commercial Division), delivered on 3rd March, 2017.
The Plaintiff who is an Urban Planner and a retired Civil Servant of the Town and Country Planning Department issued a writ on 29th May, 2013. He subsequently amended it on 10th June, 2015 and urged the court for the following reliefs:
a. A declaration that the audited accounts dated 21st November, 2013 furnished by the Defendant is largely not the true, complete and accurate representation of all proceeds and revenue from the project.
b. An order for a true, faithful and accurate account of ALL funds received from Vodafone pursuant to the project.
c. An order or the payment of the agreed share of profit found to be due to the Plaintiff upon the taking of a faithful, full and accurate account of ALL MONIES received by the Defendant from Vodafone within a period of seven (7) years from date of judgment.
d. An order for the interest payment at the prevailing commercial rate on the amount found to be due to the Plaintiff from due date to date of final payment.
e. Costs including lawyer’s fee.
The 2nd Defendant is a priest with the Anglican Church of Ghana and the Managing consultant of the 1st Defendant.
The Defendants filed a defence on 23rd July, 2013 and subsequently amended same on 29th May, 2014 and 10th June, 2015 and sought the following reliefs by way of counter claim:
a. Damages for causing embarrassment to the 1st Defendant.
b. Damages for putting 2nd Defendant’s credibility in doubt.
c. Costs
d. Solicitor’s fees.
The Background
It is the Respondent’s case that in or around June, 2007, through his contacts, he was able to secure a contract from Ghana Telecom (Now Vodafone).
He partnered with the Defendants/Appellants for the acquisition of building, Environmental Protection Agency (EPA) and aviation Permits and the acquisition sites for the erection of Telecom masts across the country. The Respondent stated that at the time he got the contract from Ghana Telecom, he did not have an incorporated company hence he agreed to partner with the 2nd Defendant so as to use 1st Appellant as a vehicle to secure the contract from Vodafone.
The Respondent further stated that due to his expertise, he was the project manager while the 2nd Appellant was to be the project consultant. It was further agreed that the sharing of profit from the contract after the deduc