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SKANSKA JENSEN INTERNATIONAL
V.
KLIMATECHNIK ENGINEERING LTD

(2003) JELR 68310 (SC)

Supreme Court 23 Jul 2003 Ghana
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- The Supreme Court held there was no concluded subcontract between the parties; the relationship was not governed by the unsigned draft (“exhibit H”) but by a partly-performed understanding reflected in the 23 December 1996 meeting minutes

Case Details

Judges:BAMFORD-ADDO JSC, AFREH JSC, BADDOO JSC, TWUM JSC, KLUDZE JSC
Counsel:AMARKAI AMARTEIFIO FOR THE DEFENDANT-APPELLANTS; D K ANYADI FOR THE PLAINTIFF-RESPONDENTS.
Other Citations:[2003-2005] 1 GLR 356, (2003) JELR 68324 (SC)

TWUM JSC

On 17 February 1999 the plaintiff-respondents (hereinafter referred to as the respondents) issued a writ of summons accompanied by a statement of claim in the High Court, Accra against the defendant-appellants. In the course of the trial, the respondents wholly discontinued their action against the second defendant, namely Glahco Hotels and Tourism Development Co Ltd and its name was struck out from the suit, leaving Skanska Jensen International (hereinafter referred to as the appellants).

The writ of summons was indorsed with the following reliefs:

“(i) Payment of the sum of US$224,533.29 or its cedi equivalent at the current forex bureau rate of exchange at the date of payment, being the plaintiff’s bill for the supply of equipment and materials and engineering services for HVAC works executed by the plaintiff at the new executive guest rooms wing of Golden Tulip Hotel at the request of the first defendant as the main contractors for itself and on behalf of the second defenda…

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