SW GLOBAL
V.
AMA

(2018) JELR 107917 (HC)    
High Court  ·  SUIT NO: GJ 1818/2017 ·  23 May 2018 ·  Ghana
CORAM
KWEKU T. ACKAAH- BOAFO
Core Terms Beta
plaintiff
defendant
agreement
parties
mr. davies
legal arguments
mr. lithur
terms of the agreement
accord
arguments of counsel
counsel’s argument
favour of plaintiff
general rule
information technology services agreement
renewed term
said clause
third parties
use of the word
central issue
civil procedure
clear terms
delivery of a written notice of an intention
expiration of the renewed term
general damages
initial agreement
interpretation of the clause
legal argument
legal submissions of counsel
lordship dennis dominic adjei ja
ordinary meaning of the text
plaintiff of its intention
proper interpretation of a clause
renewable contract
renewal of a new contract
resolution of the said issue
resolution of this issue
services of another person
third party

RULING 

i. Introduction: 

[1] This case is about the proper interpretation of a clause in the contract signed between the  parties herein. The central issue for my determination is whether the said Clause 9.1 in the  agreement bars the Defendant from engaging another entity or individual to provide the services  the Plaintiff perform under the contract signed. Resolution of this issue requires determination of  whether the Clause 9.1 confers exclusive right on the Plaintiff and, if so, whether same is in breach  of the Public Procurement Act, 2003 (Act 663).

[2] The Plaintiff claims the following judicial reliefs per its writ of summons filed on  December 11, 2017: 

i. An order by way of specific performance of the Information Technology Services  Agreement dated January 29, 2010 that the Defendant renews the Information  Services Agreement in favour of Plaintiff; 

ii. General Damages in addition to specific performance; 

iii. An order of injunction restraining the Defendant by its office…

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