Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ATTORNEY-GENERAL
V.
FAROE ATLANTIC CO LTD

(2005) JELR 80364 (SC)    
Supreme Court  ·  26 Jan 2005 ·  Ghana
 · 
Other Citations
[2003-2005] 2 GLR 580-606
CORAM
AKUFFO, WOOD, TWUM, DATE-BAH AND ANINAKWA JJSC

Ratio Decidendi

Core Terms Beta
plaintiffs
court of appeal
summary judgment
loss of profits
government of ghana
final judgment
high court
international business
ln 140a
power purchase agreement
akoto-bamfo j
attorney-general
constitutional issue
honourable court
learned trial judge
enforcement of the said judgment
face of clear evidence
record of appeal
sum of us
breach of the power purchase agreement
date of this order
delivery date
gyamera-tawiah j
judgment of this honourable court
plaintiffs-respondents
supreme court rules
assessed damages
date of final payment
defendant-appellant
exhibits c
first judgment
following grounds
following reliefs
fundamental issues of procedure
further grounds of appeal
leave of the court
monetary award
only witness
particulars of special damage
president of the court akuffo jsc
proper party
proposals of the constitutional commission
purpose of this judgment
relevant constitutional provision
respect of all civil cases
specific performance of an agreement
spite of this honourable court
statutory provision
such interest
thesaid contract

TWUM JSC (invited by the president of the court Akuffo JSC to deliver the first judgment.)

On 14 July 1998 the plaintiffs-respondents (hereinafter referred to as the plaintiffs), issued a write of summons against the Attorney-General, the defendant-appellant (hereinafter referred to as the defendant), in his capacity as the principal legal adviser to the Government of Ghana and the proper party to be sued in respect of all civil cases against the State or the government or a ministry thereof in accordance with article 88 of the Constitution, 1992. The writ was indorsed with the following reliefs: "(i) specific performance of an agreement in writing dated 24 April 1998, described as the power purchase agreement (PPA) made between the Government of Ghana, acting by and through the Ministry of Mines and Energy … for the purchase of electric power by the Government of Ghana from the plaintiffs, as amended by exchange of letters dated 15 and 16 June 1998; and (ii) or in the alternative, da…

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