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JULIANA OSEI BONSU
V.
KUMASI METROPOLITAN ASSEMBLY

(2025) JELR 114263 (SC)

Supreme Court 12 Feb 2025 Ghana
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- The plaintiff, operating as Osborn Enterprise, was granted a franchise by the defendant for solid waste collection in Kumasi Metropolis, which was unlawfully terminated by the defendant in October 2008, resulting in the plaintiff’s claim

Case Details

Suit Number:J4/12/2024
Judges:AMADU JSC (PRESIDING), KULENDI JSC, GAEWU JSC, DARKO ASARE JSC, ADJEI-FRIMPONG JSC
Counsel:AURELIUS AWUWU ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT

JUDGMENT

GAEWU, JSC:

INTRODUCTION

My Lords, on 12 February 2025 we delivered judgment in this appeal brought by the plaintiff/respondent/appellant (hereinafter referred to as the plaintiff) against the judgment of the Court of Appeal dated 28 November 2022 and we reserved our reasons which we now proceed to deliver.

FACTS

The facts that led to the appeal may be stated briefly: On December 24, 2007, the plaintiff, a businesswoman doing business under the sobriquet “Osborn Enterprise” was awarded a franchise for provision of solid waste collection services in the Asawase Sub-Metropolitan area within the Kumasi Metropolis by the defendant/ appellant/respondent (herein after referred to as the defendant).

The plaintiff commenced work under the contract on 1 January 2008. However, sometime in October 2008, the plaintiff was served with a letter dated 31 July 2008 by the defendant unilaterally terminating the contract without any prior notice to the plaintiff.

The plaintiff who felt peeved by the …

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