Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2005) JELR 69723 (CA)    
Court of Appeal  ·  CIVIL APPEAL H1/80/05 ·  9 Dec 2005 ·  Ghana

Ratio Decidendi

Core Terms Beta
learned judge
public policy
local government act
district tender board
grounds of public policy
inter alia
such advice
contract sum
grounds of appeal
illegal contract
illegal contracts
learned trial judge
pieces of legislation
specific performance
standing orders
statutory body
accra metropolitan assembly
advisory capacity
agreement exh
agreement exhibit h
appellants collection
approval of the tender board of the ministry
bennet v
breach of contract
breach of statutes
business of waste collection disposal
chief executive of the a.m.a
cost of services
date of actual payment
decision of the learned judge
district assembly
following issues
general assembly
important question
initial contract period
land fill equipment
laws of ghana
local government law
notice of appeal
specific performance of the contract of sale
subject of a debate
sum of the equivalent
use of the equipments
use of the plaintiff
violation of the procedures


CCWL the Plaintiff in the court below is a limited liability Co. registered under the laws of Ghana. It carried on the business of waste collection disposal and management among other things, whereas the Accra Metropolitan Assembly the deftsic therein is a statutory body which has the responsibility of dealing with sanitation in the Accra Metropolitan area among others.

By an agreement dated the 4th of Dec. 1997 between the plaintiff and defendant the latter contracted with the former to provide services for the collection and haulage of refuse in designated zonal areas within the city of Accra. The initial contract period was 7yrs sic renewable for a further period of 7yrs.sic Under the agreement exh.H the A.M.A. was to provide equipment which the CCWL was to utilize in performing its obligations under the contract. CCWL was required to pay lease fees to AMA for the use of the equipments. It was provided that the CCWL would after 5 years in respect of the haulage equip…

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