STAR OF THE SEA CONSTRUCTION v. SAMUEL MENSAH ABROAMPAH

JUDGMENT

In this suit, the Plaintiff Company seeks to recover an amount of GH¢ 41,000.00 together with interest at the prevailing Bank rate from the Defendant.

The facts of the case as captured in the pleadings are as follows: The Plaintiff allegedly entered into an agreement with the Defendant for the award of a six (6) classroom block contract. The contract sum was three hundred and Seventy Thousand (GH¢370,000.00). The Defendant who was to bring the Contract from the Regional Minister requested that the Plaintiff paid an amount of forty-five thousand Ghana Cedis (GH¢ 45,000.00) to enable him to secure the contract. The said money was allegedly paid in two tranches to the Defendant by cheque but the contract was never awarded. Following a complaint lodged with the Police, the Defendant refunded an amount of GH¢ 4,000.00, leaving a balance of GH¢ 41,000.00.

In his further amended statement of defence filed on 27/02/2014, the Defendant denied the Plaintiff’s claim. His story was that prior to the issuance of the cheques in his name, there was a meeting with the PRO of the Regional Minister at that time (Aubrey Mends), the Plaintiff Company’s representative by name Patrick Acheampong, his brother as well as the Defendant. At the said meeting, the PRO explained that the contract was coming from the Regional Minister and the Plaintiff’s representatives agreed. A series of meetings took place between the same parties subsequently and the Plaintiff knew throughout the transaction that the contract was coming from the Regional Minister. It is the Defendant’s case that the agreement or contract between the parties herein is illegal and therefore unenforceable.

In its reply, the Plaintiff denied any knowledge of the Regional Minister’s involvement and the assertion that the cheques issued in the name of the Defendant were for the benefit of the Regional Minister.

Two issues were set down for trial by the pre-trial judge, namely:

1. Whether or not the Defendant promised to secure for the Plaintiff a contract from the Regional Minister for the construction of a six (6) unit classroom block?

2. Whether or not the sum of GH¢45,000.00 paid by the Plaintiff to the Defendant was meant for Aubrey Mends.

A third issue arises for determination as a result of the amendment made to the defence on 27/02/2014. That is

3. Whether or not the contract or agreement between the Parties is illegal and unenforceable.

The issue of illegality is crucial and will be determin