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…

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

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