A.M. DORDZIE J. A:
This action arose out of breach of a construction contract the parties entered into in March 2001. By the terms of the said contract the plaintiff, a company that operates cold stores engaged the defendant to construct a cold store facility for it at Tema at a cost of USD392, 000 excluding VAT. In February 2007 the contract terms were renewed to include insulation using polyurethane spray system, installation of cooling units and other works such as electrical, doors and cable fixing. The plaintiff paid a total of USD 400,000 out of the contract sum and had USD150, 000 as an outstanding balance to be paid by instalment per terms agreed to in the contract.
The defendant breached the terms of the contract and failed to complete the works as agreed. The plaintiff on the 22nd of December 2014 instituted an action in the High Court, Tema seeking the following reliefs:
a) “The payment of USD 250, 000 which is the outstanding balance out of the sum of USD 400, 000 pai…