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DELIN CONSULT LTD
V.
SCANCOM LTD

(2017) JELR 108224 (HC)

High Court 19 Jan 2017 Ghana
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- Plaintiff, a civil engineering company, sued the 1st Defendant (a telecom provider) and the 2nd Defendant (tower operations manager) to recover GH¢239,473.91 for outstanding payments under site acquisition and permitting agreements for te

Case Details

Suit Number:SUIT NO. AC 74/2013
Judges:R.B. BATU, J
Counsel:ROMAINE ABBEY FOR ANKAMA MENSAH FOR PLAINTIFF - PRESENT JOEL ANNAN – AFARI FOR BENSON NUTSUKPUI FOR 1ST DEFENDANT WITH ABA EWUSI MENSAH - PRESENT KOW ESSUMAN FOR 2ND DEFENDANT - PRESENT

BY COURT: JUDGMENT

The Plaintiffs claim against both Defendants is for: 

“(a) Recovery of the sum of GH¢239,473.91 being the aggregate  outstanding sum owed to the Plaintiff by the Defendants on the  agreement dated which the Defendants have failed to honour. 

(b) Interest on the said sum of GH¢5239,473.91 at the Commercial  Bank interest rate of 29% per annum at the time of judgment  inclusive of the date of payment. 

(c) Damages for breach of contract. 

(d) Costs” 

Each Defendant denied liability in its statement of Defence in answer to the  averments of the Plaintiff in its statement of claim. At the close of pleadings, the  Plaintiff filed the following as the issues to be considered in resolving the dispute: 

“1. Whether or not the 1st and 2nd Defendants entered into various  agreements for site and permit acquisition to facilitate the erection  of telecommunication masts for the 1st Defendant. 

2. Whether or not the Plaintiff carried out their obligations under the  contract. 

3. Whethe…

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