LIBERTY WASTE SERVICES LIMITED v. ACCRA METROPOLITAN ASSEMBLY

Introduction

The Plaintiff, on 26th November, 2020 commenced this action against the Defendant, claiming the reliefs endorsed on the Writ of Summons and particularized in the Statement of Claim.

Brief Background

The Plaintiff is a Limited Liability Company incorporated under the laws of Ghana and engaged in Waste Management Services. The Defendant on the other hand, is a Metropolitan Assembly and a Political Administrative Authority in the City of Accra.

The parties, on 27th July, 2011, entered into a fee and performance –based Solid Waste Collection Agreement, under which the Plaintiff was to register households and Industries, and collect solid waste from the registered households, Industries, Markets, lorry parks and other commercial facilities, and any other places within the Ablekuma South Sub- metro, for transportation to transfer stations, treatment or disposal sites designated by the Defendant for the period, 14th March 2011 to 15th March 2016.

However, during the course of the agreement the Plaintiff claims that the Defendant unilaterally decided to vary the extent of the contract area or operational zone, per a letter dated August 12th 2012.

Following a receipt of the said letter of variation of agreement, the Plaintiff instructed its workmen to recover and remove the waste Bins it had supplied to the households and institutions, which were no longer under the Plaintiff’s operational zone, but the Defendant prevented Plaintiff’s workmen from doing so.

According to the Plaintiff, the Defendant’s conduct of preventing it from retrieving and recovering the refuse bins has caused her great loss and damage and the breach of contract.

The reluctance of the Defendant to engage in settlement talks with it, has necessitated this action, as the Plaintiff has suffered loss in the sum of Nine Hundred and Seventy-Four Thousand, Six Hundred Ghana Cedis (GH¢974,600.00).

The Defendant denied some of the assertions made by the Plaintiff but admitted some. The Defendant prayed the Court to dismiss in limine all the claims of Plaintiff as being frivolous, vexatious and without merit at all.

After pleadings had closed, issues were settled for trial. The parties went through the usual stages of the proceedings in Court and completed the trial. After the close of evidence, both Lawyers filed their respective written addresses.

ISSUES

The pretrial Judge set down as many as 11 issues to be determined by the Trial Court. After carefully review