BUSHIE ENTERPRISE
V.
THE PROJECT MANAGER, NORELEC GHANA & NORLEC GHANA

(2004) JELR 65406 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO. H1/44/2004 ·  26 Mar 2004 ·  Ghana
CORAM
ARYEETEY J.A. (PRESIDING), AKOTO-BAMFOR J.A., ASARE-KORANG J.A.
Core Terms Beta
plaintiff
defendants
clause
agreement
sub-contractor
exhibit
contractor
notice
trial judge
exhibit a
2nd defendant
prior notice
breach of contract
contract price
number of towers
termination of the contract
contract agreement
first defendant
learned judge
part of sub-contractor
specified person
weight of the evidence
wide discretion
appellant-company
basis of the payment provisions of the sub-contract
case of the respondent
completion of such portion of the works
conditions precedent
contents of clause
contractor of all orders
cost of materials
final payment
following reliefs
grounds of appeal
performance of works
plaintiff cross-appealed
project site
receipt of any such notice
rental agreements
respect of towers numbers
second defendant
steel towers
sub-contracts
such work
survey work
terminate sub-contract
total cost
violation of clause
whole of exhibit a
written submissions of plaintiff

ARYEETEY, J.A.

A background to this appeal is as follows: The plaintiff/respondent, as Sub-Contractor, entered into an agreement, exhibit A, with the second defendant/appellant-company, as Contractor, on 15th June 1998 for the excavation of foundations and erection of 221 steel towers for electricity transmission of 34.5 KV line between Kumbungu and Daboya in the Northern Region. The contract price payable to the respondent is stated in the agreement. It is the case of the respondent that the appellants unilaterally reduced the number of towers to be erected to 42 without any justification, which was in violation of clause 1.7 of exhibit A. The respondent contends further that while he was making excavations in respect of Towers Numbers 1-42 the appellants stopped him without giving him the notice required under Clause 1.7 of exhibit A. According to the respondent the termination of the contract by the appellants was also contrary to Clauses 2.1, 3.1. and 3.2. of exhibit in that when t…

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