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BALLAST NEDAM GHANA BV
V.
HORIZON MARINE CONSTRUCTION LTD

(2008) JELR 67386 (CA)

Court of Appeal 30 Oct 2008 Ghana
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- The case involves a dispute between a plaintiff/respondent and a defendant/appellant over payment for construction works. - The respondent claims that services were performed and invoices were raised, but the appellant has failed to pay t

Case Details

Suit Number:CIVIL APPEAL NO: H1/123/2008
Judges:ASARE KORANG JA (PRESIDING), KUSI-APPIAH JA, GYAESAYOR JA
Counsel:DOE TSIKATA (M/S) FOR THE PLAINTIFF RESPONDENT; MR. EMMANUEL AMISSAH FOR THE DEFENDANT APPELLANT WITH MR. RICHARD AMOFAH.

JUDGMENT

KUSI-APPIAH, J.A.:

The plaintiff /respondent (hereinafter referred to as the respondent) is a body corporate based in Ghana with its registered offices in Roman Ridge, Accra. The defendant/appellant (hereinafter referred to as the appellant) is also a body corporate based in Ghana with its registered offices in Dzorwulu in Accra. On or about 1st August, 2006, so states the respondent in their statement of claim, the parties herein entered into an agreement for construction of works described as onshore and offshore activities at Tema and Takoradi Ports as part of a multi-national West Africa Gas Pipeline Project in the total sum of US $7,101,753.00. According to the respondent, it was agreed between the parties that payment would be made to the respondent within 30 days of the submission of an invoice by the respondent to the appellant. A dispute eventually arose between the parties over the issue of payment for works done. The respondent claims that services were performed for…

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