J U D G M E N T

GAEWU, JSC :

INTRODUCTION

My Lords, on 12th February 2025 we delivered judgment in this appeal brought by the plaintiff/respondent/appellant (hereinafter referred to as the plaintiff) against the judgment of the Court of Appeal dated 28th November 2022 and we reserved our reasons which we now proceed to deliver.

FACTS

The facts that led to the appeal may be stated briefly: On December 24, 2007, the plaintiff, a businesswoman doing business under the sobriquet “Osborn Enterprise” was awarded a franchise for provision of solid waste collection services in the Asawase SubMetropolitan area within the Kumasi Metropolis by the defendant/ appellant/respondent (herein after referred to as the defendant).

The plaintiff commenced work under the contract on 1st January 2008. However, sometime in October 2008, the plaintiff was served with a letter dated 31st July 2008 by the defendant unilaterally terminating the contract without any prior notice to the plaintiff.

The plaintiff who felt peeved by the action of the defendant to terminate the contract, commenced the instant suit by issuing a writ of summons dated 22nd March 2013 together with statement of claim for the following reliefs:

a) Recovery of the sum of five hundred and thirty-two thousand, four hundred and seventy-six Ghana Cedis, forty pesewas (GHC532,476.40) consisting of money owed to the plaintiff by the defendant for works done for the defendant as well as money actually spent in pursuant to an agreement entered into between the plaintiff and the defendant in or around January 2008, but which said agreement the defendant has since unlawfully terminated.

b) Interest on the sum mentioned in paragraph (a) supra from January 2008 till the date of final payment at the prevailing bank rate.

c) General damages for the unlawful termination of the plaintiff’s contract with the defendant.

d) Cost (inclusive of legal fees).

The defendant caused a notice of appearance to be entered on its behalf by its lawyers to the writ of summons and subsequently, a statement of defence was filed. The statement of defence essentially denied the claims of the plaintiff.

The suit eventually proceeded to trial after which the learned trial judge entered judgment in favour of the plaintiff as follows:

*(a) Recovery of an amount of GHC249,188.40 representing the five (5) months subsidies from January to May 2008 and also the monthly sum of GHC33,051. 31