Try asking the following...
JUDGMENT
JUDGMENT
In a writ issued out of the Registry of this court on 16th May 2016, the Plaintiff claimed against the Defendants the following reliefs:
a. A Declaration that the decision by the 1st Defendant to withdraw from the Agreement is a breach of contract and wrongful.
b. An order that the contract be specifically performed.
c. Damages of GH¢13,967,000.00 for breach of contract.
d. Special Damages of GH¢25 million for the expenses incurred in printing the scratch cards.
e. Cost including legal cost.
f. And any other orders that this court may deem fit.
It was the Plaintiff’s case as set out in its pleadings and in its witness statement that sometime in 2011, the 1st Defendant engaged its services to assist it move from the manual recruitment of personnel to a technology based method of recruitment. After a series of negotiations, the parties entered into a Memorandum of Understanding on 13th June 2012 where the Plaintiff was represented by its Chief Operating Officer and the 1st Defendant signed on behalf of the Ghana Police Service.
The Plaintiff averred that on 19th October 2012, the parties went a step further by signing a Public-Private Partnership Agreement (PPA) where the Plaintiff was to provide the 1st Defendant with the online recruitment services in accordance with the terms and conditions stated in the agreement. The Plaintiff stated that its obligations under the PPA were to create the online e-recruitment platform/portal, develop, finance, operate, maintain and co-manage the online recruitment portal. It therefore began to discharge its obligations by creating the e-recruitment platform and secured funding from its investors to pre-finance the logistical and administrative cost of the project.
The Plaintiff stated further that the 1st Defendant’s obligations were to nominate Information Technology and Human Resource personnel to be trained for the purposes of implementing and co-managing the e-recruitment system created pursuant to the PPA.
According to the Plaintiff, the parties had agreed that all net revenue generated from the e-recruitment system was to be shared in the ration of 60:40 to the 1st Defendant and to the Plaintiff respectively. However, after it had fulfilled its part of the bargain, the 1st Defendant unilaterally withdrew from the PPA by a letter dated 9th April 2014. It therefore instituted suit for the reliefs claimed above.
The Defendants in their defence and in their witness statement contended that after the