This is an appeal from the Judgment of the Fast Track Division of the High Court, Accra. The Judgment, which is dated the 4th November, 2004, granted all the reliefs endorsed on the Plaintiffs writ of summons, namely:—
1. A declaration that on a true and proper interpretation of the agreement executed between the parties hereto dated 1st December, 1999, the said contract as a whole is valid and still subsists, hence the Defendant is not entitled to affirm part of it, which is beneficial to it, an disaffirm the rest.
2. A declaration that the purported termination of the contract and total repudiation of the contract by a letter by the Defendant dated 24th April, 2003, on grounds of deviation of performance by the Plaintiff is unjustifiable and repugnant to the principles of justice, equity and good conscience since the contract was carried out in its essential parts, further the act complained of did not amount to such a breach of a fundamental term in the agreement which w…