2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Mansfield Cudjoe Amedor, a sole proprietor trading as Mansfield Enterprise, appealed a High Court, Commercial Division (Cape Coast) ruling that struck out his writ and statement of claim as a nullity for lack of capacity in a dispute over a GETFund-funded dormitory construction at Oguaa Senior High Technical School. The Attorney-General, sued on behalf of the Central Regional Coordinating Council, argued it contracted with “Mansfield Enterprise Ltd.”, not Amedor’s sole proprietorship. The record contained conflicting documentation: the agreement, acceptance letter, indemnity, and interim payment certificate referencing a limited company, while Amedor’s business registration and SIC Bid Bond identified a sole proprietorship, with payments made to Amedor and no proof of a company named “MANSFIELD ENTERPRISES LTD.” Recognizing that capacity typically is a preliminary issue but here depends on the true identity of the contracting party, the Court of Appeal held that oral evidence is required. It allowed the appeal, set aside the High Court ruling, and remitted the matter to the High Court, Cape Coast, differently constituted, for trial. It also noted that opposing GH¢10,000 cost awards effectively cancel.
GEORGINA MENSAH-DATSA (MRS.), JA
This is an appeal by the Plaintiff/Appellant (hereinafter referred to as Appellant) against the ruling of the High Court, Commercial Division, Cape Coast dated 15th January, 2020 declaring the Writ of Summons of the Appellant against the 1st Defendant/ Respondent (hereinafter referred to as Respondent) a nullity and setting same aside on grounds of lack of capacity.
The grounds of appeal are as follows:
1. That the ruling is against the weight of affidavit evidence adduced.
2. That the Court below erred when it held that the Writ in the suit was not issued in the right capacity and therefore is a nullity.
3. That the costs awarded against the Plaintiff/Appellant by the Court below was harsh and excessive.
4. Additional grounds will be filed pursuant to leave granted upon receipt of the Record of Appeal.
The relief the Appellant seeks from this Court is that the decision of the High Court, Commercial Court, Cape Coast be set aside and the suit remitted back to the Court below to be tried.
The Plaintiff /Appellant instituted this action on 24/8/2018 against the 1st Defendant/ Respondent and the 2nd Defendant jointly and severally as follows:
a. Recovery of the sum of GH¢128,742.82 being outstanding payments on construction works done by the Plaintiff.
b. Recovery of the amount of GH¢29,869.49 being the value of building materials left on the project site which have been used by the new contractor.
c. Recovery of the amount of GH¢22,515.00 being amount retained by the Defendant on the two interim payments made to the Plaintiff.
d. Interest on reliefs (a), (b) and (c) at commercial bank rates from the 25th day of April 2017 till date of final payment.
e. Damages for breach of contract.
The facts of this case are that the Appellant claims he is a sole proprietor trading under the registered business name MANSFIELD ENTERPRISE and is engaged in the business of General Building Contractors and General Merchants.
The 1st Defendant/ Respondent herein is the Attorney-General and represents the Coordinating Director Central Regional Coordinating Council, Cape Coast. The 2nd Defendant, Amalgamated Design Limited is the project (the construction of a 2-storey Girls Dormitory Block with Ancillary Facilities at Oguaa Senior High Technical School, Cape Coast to be funded by the GETFUND) consultant and its duties include supervising the project for and on behalf of the Central Regional Coordinating Council (CRCC), the cont