Ratio DecidendiRatio DecidendiRatio Decidendi



FRANCIS BALFOUR AGURGO
V.
RUDAN ENGINERING SERVICES

(2016) JELR 107713 (HC)    
High Court  ·  SUIT NO: RPC 267/13 ·  26 Oct 2016 ·  Ghana
CORAM
NOVISI AFUA ARYENE (MRS.)

Ratio Decidendi

Core Terms Beta
plaintiff
defendant
evidence
exhibit
cross examination
contract period
exhibits
man months
plaintiff’s assertion
specific tasks
extended period
field work
admissible evidence
agreed field
alleged extension
amount of ghc43
diem rate
effect variation of the contract
extrinsic evidence
following reliefs
further claims
head of the data
i. recovery of the amount of ghc43
justice novisi afua aryene
lawful attorney expert consult
liberian operations ltd
man month
man month period
man-month period
mutual agreement
outstanding debt
outstanding issues
plaintiff rent of ghc5
produce evidence
re william porter
said mail
said sum
second phase
series of email correspondence
specified period
specified tasks
sufficient evidence of the agreed extension period
term
terms of a written instrument
variation of the fees

JUDGMENT

ARYENE (MRS.), J.

Plaintiff sued defendant seeking the following reliefs: 

I. Recovery of the amount of GHc43,864.02 being the outstanding debt owed by the  defendant to the plaintiff. 

II. Interest on the amount of GHc43,864.02 at the current bank rate from November 2012  till date of final payment. 

III. Costs  

Plaintiff, an Information Technologist and Remote Sensing Consultant was engaged by the  defendant to perform specific tasks under a project. The duration of the project was from November 2011 to April 2013 worked in man months. It was a term in the agreement (which  is in evidence as exhibit 1), that plaintiff would be paid $4,000 per man month totaling $24,000  or its cedi equivalent which was Ghc 32,340.00 at the time. The agreed field per diem rate was  Ghc120.00 for duties performed outside his Kumasi base office during the six man month  contract period. The agreement also provided for the rental of digitizing tablets at the rate of  Ghc300.00 per months in use.  

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