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CBAM INC
V.
S.S.B BANK LIMITED

(2006) JELR 92069 (SC)

Supreme Court 22 Nov 2006 Ghana
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- The Supreme Court upheld the Appellant's contractual right to terminate the agreement under clause 2(a) for the Respondent's failure to perform its obligations, emphasizing that express termination provisions prevail over general notions

Case Details

Suit Number:CA J4/10/2006
Judges:ATUGUBA, J.S.C

JUDGEMENT

ATUGUBA, J.S.C.

In this case the Respondent successfully negotiated for the Appellant an agency of Money gram, a worldwide money transfer service with respect to Ghana. As a result a contract exhibit “B” was executed on the 1st day of December 1999 between the Appellant and the Respondent. The pertinent parts of the agreement are as contained in clauses (d) and 2 (a), as follows: 

“(d) where there is a breach on the part of CBAM Services Inc in the performance of its obligations hereunder, SSB reserves the right to determine this Agreement by giving three (3) months notice in writing to CBAM Services Inc.”
2(a) CBAM Services Inc. hereby undertakes to, in addition to whatever advertisement and promotion programs that Money gram shall embark on, be responsible for the development, implementation and financing of advertisements and other promotion programs directed specifically towards potential users of the services resident in countries outside Ghana provided however that CBAM …

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