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M/S KEHENTSON COMPANY LIMITED SUNYANI VS THE ATTORNEY-GENERAL

2024

HIGH COURT

GHANA

CORAM

  • HIS LORDSHIP JUSTICE HARRY ACHEAMPONG-OPOKU ESQ.

Areas of Law

  • Contract Law
  • Civil Procedure
  • Evidence Law
  • Administrative Law

AI Generated Summary

The High Court (Justice Harry Acheampong‑Opoku) adjudicated a contractual payment dispute arising from the Government of Ghana’s engagement of the plaintiff to bitumen‑surface the Duayaw Nkwanta–Adagaming–Santase feeder road (10.0 km) under Contract No. DFR/BAR/GOG/RF/RT/SURF/2016/01. The plaintiff said it completed portions of the works, prompting the Department of Feeder Roads to issue interim payment certificates Nos. 2, 3, and 4, which were forwarded to the Ghana Road Fund Secretariat. Despite following the governmental administrative process and serving the mandatory 30‑day notice under section 10(1) of Act 555, the outstanding certified amounts—GH537,386.32, GH592,200.05, and GH58,436.39—remained unpaid. The defendant argued for bureaucratic prerequisites, alleged non‑completion, and claimed an arbitration requirement. On the evidence, including cross‑examination confirming a 90‑day payment window and the absence of an arbitration clause in exhibit A, the court resolved the key issues for the plaintiff, awarded interest under Rule 1 of C.I. 52, and assessed costs of GH118,802.00.

JUDGMENT