Ratio Decidendi



BMC GHANA LIMITED
V.
ASHANTI GOLDFIELDS BIBIANI LTD

(2004) JELR 69637 (CA)    
Court of Appeal  ·  CA.NO.H1/191/2004 ·  29 Oct 2004 ·  Ghana
CORAM
TWUMASI J.A., AMONOO-MONNEY J.A., ANIN-YEBOAH J.A

Ratio Decidendi

Core Terms Beta
parties
arbitration
dispute
agreement
appeal
high court
learned trial judge
respondents
appellants
fall claims
stay of proceedings
writ of summons
wrong view
19th january
acid test
ad nauseam
appellants’ bibiani
application of an agreed formula
bcm calculations
bcm dispute
clauses
common law jurisdictions
component of the contract prices
dispute resolution
elements of the agbl evaluation
execution of this agreement
express term of the contract
face of this clear declaration
fulfillment of specific prerequisites
import of the word
instant appeal
intentions of the parties
inter alia
interpretation of contracts
main grounds of appeal
mining industry
nature of such question
particular reference
party call
previous meetings
purported exercise
real issues
said motion
similar format
specific power
trial judge
trial judge’s construction
ugly heads
void ab initio
whole ruling

TWUMASI, J.A.

This appeal from the ruling delivered by the High Court, Accra on the 19th January 2004 sharply brings into focus the fundamental canons for the construction and interpretation of contracts entered into by businessmen, with particular reference to actual or presumed intentions of the parties. Both parties are limited liability companies engaged in the mining industry. By an agreement entered into by them on the 25th July 1997, the appellants herein (defendants in the court below) engaged the respondents (plaintiffs in the court below) to carry out open pit mining operations at the appellants’ Bibiani mine. It was an express term of the contract that where the costs to the plaintiffs of executing the work was increased or decreased, as the case might be, by variation in wages, allowance or any other labour connected costs of materials expressed as a component of the contract prices, the payment of the works under the contract would be subjected to adjustment for rise and f…

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