STANBAY LTD VS ANGLOGOLD ASHANTI GHANA LTD & 1 ORS

This High Court judgment, authored by Justice Jennifer A. Dodoo, resolves a contractual dispute between Stanbay Company Ltd and AngloGold Ashanti Iduapriem Mine (AAIL). Under Exhibit A, Stanbay was engaged on 8 November 2011 to construct four two-bedroom staff houses at Mile 1, Iduapriem, and, due to initial satisfactory performance, was assigned four additional identical units in January 2012 under the same agreement. Exhibit A set a 20‑week duration from 1 November 2011 and contained Clause 11.1 governing termination for delay or breach. Emails and weekly site meeting minutes documented warnings and a formal notice on 28 February 2012, a 14‑day remedy period, continued delays, and eventual termination on 2 May 2012. The court held there was only one inseparable contract, time was of the essence, and Stanbay breached by not completing within the 20‑week period, admitting only 85% completion at termination. The termination complied with Clause 11.1; Stanbay’s claims were dismissed. AAIL’s counterclaim succeeded in part: general damages equaling the retained balance ($86,544.70) and an order for Stanbay to remove its property; special damages of $195,816.44 were denied for lack of strict proof. Each party bore its own costs.