PRESCOM LTD vs ATTORNEY GENERAL
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP NOVISI AFUA ARYENE (MRS.), JUSTICE OF THE HIGH COURT
Areas of Law
- Contract Law
- Evidence Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought payment for a construction contract with the Ghana at 50 Secretariat, pre-financed through a loan. Due to the Secretariat's non-payment, the plaintiff accrued debt and interest. The court found that the plaintiff did not provide necessary corroborative evidence to support the claimed amount, leading to the dismissal of the case.
Plaintiff’s claim is for the following reliefs:
I. An order for the payment of the outstanding principal amount of Ghc21, 229. 60 at the prevailing commercial bank rate from September 2007 up to the date of final payment.
An order for the payment of a punitive charge of 10% per annum above the prevailing bank interest rate on (a) above since September 2007. It is plaintiff’s case that by a letter dated 6th of September 2006, plaintiff was contracted by the Ghana at 50 Secretariat to construct two identikit houses at the African Union Village, Cantonments, Accra towards the country’s fiftieth independence anniversary celebrations.
The duration of the work was two and a half calendar months.
The scope of work included the shell of the house, ground floor, concrete work including plastering, pipework, block work to roofing level but excluding roofing.
Plaintiff was requested by the Ghana at 50 Secretariat to pre-finance the project with the assurance of honouring certificates on presentation of same to the Secretariat.
Plaintiff sourced for a loan from HFC Bank in February 2007 to pre-finance the project with the agreement that payment would be made by the Secretariat in the joint names of plaintiff and HFC Bank.
Plaintiff averred that the Secretariat could not pay contractors and later suspended the preparation of certificates.
When valuation no 3 became due and was presented to the Secretariat in September 2007, there was no consultant to prepare the valuation for payment to be made to her and the amount is outstanding to date.
As a result of the failure of defendant to pay on certificate no 3, plaintiff is indebted to HFC Bank to the tune ofGhc21, 229. 60 which continues to attract interest at the commercial rate and punitive charges of 10% per annum since September 2007. Plaintiff contended that her Managing Director appeared before the Commission of Enquiry on the Ghana at 50 Celebrations and put in a case for payment of the outstanding amount.
And that although the Government White Paper on the Commission’s Report recommended payment of the sum of Ghc983, 716. 80 together with interests thereon to contractors, suppliers and consultants including plaintiff, the defendant has refused to pay her.
Defendant denied that there was a contract between plaintiff and the Secretariat and put plaintiff to strict proof.
Defendant also contended that plaintiff was not included in the debtors mentioned in the Government White Paper and was not entitled to