NYAGSI ENGINEERING LTD
V.
GHANA HIGHWAY AUTHORITY

(2018) JELR 63597 (HC)    
High Court  ·  Suit No. OCC/34/15 ·  15 Mar 2018 ·  Ghana
CORAM
JENNIFER DODOO (MRS)
Core Terms Beta
defendant
evidence
parties
exhibit
breach of contract
contract agreement
said contract
following information
award of the contract
court finds
cross-examination of the defendant
defendant’s conduct
exhibit b
given case
interest rates
plaintiff’s case
plaintiff’s claim
written procurement contract
award of general damages
chronology of facts
commencement date
competitive bidding contract
construction contracts
contract price of gh
direct evidence
eastern corridor road contract
evidence shows
following issues
following words
form of a tender
future procurement audit
great losses
kilometres yendi-gushiegu road
larger construction projects
law of contract
lord wilberforce
mental state
plaintiff’s losses
price of gh
provision of a performance security
quality insurance company
submission of a tender
such issue
suspended contract
upgrading of the yendi-gushiegu road

Construction Contracts: Offer and Acceptance, Intention to be legally bound

Special Damages to be particularized and proven

Award of General Damages(factors to take into consideration)

Interest rates and how calculated

The Plaintiff’s claim against the Defendant is for general and punitive damages for breach of contract.

It was the Plaintiff’s case that in June 2007 it tendered for and sometime in 2008 won a competitive bidding contract to undertake the upgrading of the 54.2 kilometres Yendi-Gushiegu Road in the Northern Region of Ghana.

It averred that the Central Tender Review Board of the Ministry of Finance and Economic Planning gave concurrent approval for the award of the contract to it on 23rd December 2008. This was followed by a letter dated 5th January 2009 confirming the award of the contract at a price of GH¢35,994,052.54.

It was the Plaintiff’s case that the Defendant had demanded the provision of a performance security and had indicated that with this condition fulfilled, the c…

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