ROYAL ALUMINIUM SYSTEMS LIMITED VS TOP INTERNATIONAL ENGINEERING GHANA LIMITED

This is a dispute arising from a sub-contract executed between the Plaintiff Company and the Defendant Company in respect of an aspect of the contract for the construction of the SSNIT Emporium Tower in Accra, awarded to the Defendant.

The being claimed is as a result of alleged payment differentials and non-payments in respect of a payment certificate of US$387, 578. 91 raised by the Plaintiff.

It is the Plaintiff’s case that even though SSNIT released payments on time, the Defendant delayed in paying for the works executed by the Plaintiff.

The Plaintiff contends that it was under paid as a result of the Defendant’s application of the wrong exchange rate.

The Plaintiff therefore claimed against the Defendant as follows: a) An order for payment of the sum of US$140, 166. 55 or its Cedi equivalent (made of a short fall in the sum of US$46, 377. 06 in respect of the payment made to the Plaintiff by the Defendant on 18th November, 2013 and 14th April, 2014) and US$93, 789. 46 representing the balance due on Interim Payment Certificate in the sum of GHC 387, 578. 91, being the sum due and owing to Plaintiff on account of contract for the supply and installation of glazed aluminium curtain wall and aluminium composite cladding for the construction of the SSNIT Emporium Tower at Airport City, Accra.

b) Interest on the said sum of US$140, 166. 55 or its cedi equivalent at the prevailing US Dollar interest rate from 30th October 2013, up to and inclusive of the date of final payment.

These allegations were denied by the Defendant, who also contends that the Plaintiff caused unreasonable delays as a result of which SSNIT imposed penalties on the Defendant.

The Defendant maintains that the Plaintiff is liable to pay a portion of the penalties imposed by SSNIT.

In turn, the Defendant counterclaimed against the Plaintiff for the following reliefs: An order for the recovery from the Plaintiff an amount of US$117, 248. 00 being the Plaintiff’s share of the penalty charged by SSNIT as a result of the delay in completing the project.

ISSUES FOR TRIAL After an abortive pre-trial settlement conference, issues for trail were set down by the pre-trial judge, and same were adopted for the trial.

The issues are: 1. Whether or not Defendant is indebted to Plaintiff in the sum of US$140, 166. 55 or its cedi equivalent on account of Contract for the supply and installation of aluminium systems. 2. Whether or not the Defendant is liable to pay interest on the said sum of