Ratio DecidendiRatio Decidendi



DADYCO CONSTRUCTION WORKS LIMITED
V.
UNIVERSITY OF EDUCATION AND THE REGISTRAR, UNIVERSITY OF EDUCATION

(2016) JELR 69892 (CA)    
Court of Appeal  ·  CIVIL APPEAL: CRA NO. H2/5/2015 ·  1 Dec 2016 ·  Ghana
CORAM
KANYOKE J.A.-(PRESIDING), LARBI (MRS.) J.A., WELBOURNE (MRS.) J.A.

Ratio Decidendi

Core Terms Beta
utc
plaintiff company
defendants
concurrent approval
regional tender review board
trial judge
exhibit h
public procurement act
tender evaluation panel
award of the contract
learned trial judge
university of education
case of the defendants
director of works
exhibit
successful tender
tender
weight of the evidence
approval threshold of the utc
exhibit a.
favour of the plaintiff company
loss of the tender
record of appeal
rehabilitation of ghartey hall block
relevant provisions of the public procurement act
aborah-boateng
additional grounds
ascertainment of the tender
award of the tender
bid evaluation
breach of contract
conclusion of the trial
contractual rights of the plaintiff
entity tender evaluation
evaluation of the rejection powers of the tendering entities
evaluation process
execution of the work
facts of its case
following grounds
following issues
following reliefs
forged document
grant of concurrent approval
mr. rexford abedu boafo
plaintiff’s tender
tender committee meeting
university tender committee report

JUDGMENT

KANYOKE, J.A.:

In this judgment, the parties shall be referred to simply and respectively as the Plaintiff company and the Defendants. By its amended writ of summons, the plaintiff company claimed against the defendants the following reliefs:

“a. A declaration that the tender for the rehabilitation of Ghartey Hall Block ‘B’ of the University of Education, Winneba, was won by Dadyco Construction Works Limited pursuant to the bid evaluation.

b. A declaration that the award of the tender to and the execution of the work by any other entity except Dadyco Construction Works Limited is unlawful.

c. The award of one hundred and seventy thousand Ghana cedis (Gh¢170,000.00) in damages for the losses incurred in bid preparation, loss of income resulting from the loss of the tender by Dadyco Construction Works Limited and loss of other words leading to loss of income resulting from the publication of defamatory material to tarnish the intergrity and image of Dadyco Construction Works Limited…

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