Ratio Decidendi



FRIGO LIMITED
V.
INFITCO COMPANY LTD

(2017) JELR 63820 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/157/2017 ·  9 Nov 2017 ·  Ghana
CORAM
K. A. ACQUAYE J.A. (PRESIDING), A. M. A. DORDZIE (MRS) J.A, S. DZAMEFE JA

Ratio Decidendi

Core Terms Beta
section
limitation act
action
plaintiff
trial court
defendant
counsel
simple contracts
preponderance of the probabilities
submissions
construction contract
ground
grounds of appeal
sufficient evidence
counsel’s submission
evidence act
high court
above submissions of counsel
acknowledgment of the debt
breach of a construction contract
close look
commercial court of ghana
commercial division of the high court accra
contract sum
contract terms
cost of usd392
different opinion
following grounds of appeal
following points
following reliefs
general jurisdiction
high court tema
issue of the action
main cause
matter.the argument
misconception of the import of the preliminary legal issue
respondent ought
respondent’s action
saving clause of s17 of the limitation act
subject matter of this appeal
such proof
support of grounds
tema high court
terms of the contract
terms of the said contract
trial of the main cause
unequivocal acknowledgment of the appellant
virtue of sections
writing of indebtedness

JUDGMENT

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…

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