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BALLAST NEDAM GHANA BV V. HORIZON MARINE CONSTRUCTION LTD

(2008) JELR 67386 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/123/2008  •  30 Oct 2008  •  Ghana

Coram
ASARE KORANG JA (PRESIDING), KUSI-APPIAH JA, GYAESAYOR JA

Judgement

JUDGMENT

KUSI-APPIAH, J.A.:

The plaintiff /respondent (hereinafter referred to as the respondent) is a body corporate based in Ghana with its registered offices in Roman Ridge, Accra. The defendant/appellant (hereinafter referred to as the appellant) is also a body corporate based in Ghana with its registered offices in Dzorwulu in Accra. On or about 1st August, 2006, so states the respondent in their statement of claim, the parties herein entered into an agreement for construction of works described as onshore and offshore activities at Tema and Takoradi Ports as part of a multi-national West Africa Gas Pipeline Project in the total sum of US $7,101,753.00. According to the respondent, it was agreed between the parties that payment would be made to the respondent within 30 days of the submission of an invoice by the respondent to the appellant. A dispute eventually arose between the parties over the issue of payment for works done. The respondent claims that services were performed for…

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