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C.C.W. LIMITED V. ACCRA METROPOLITAN ASSEMBLY

(2008) JELR 68408 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/5/2007  •  13 Feb 2008  •  Ghana

Coram
MISS. AKUFFO JSC (PRESIDING), DR. DATE BAH JSC, ANSAH JSC, ANINAKWAH JSC, ASIAMAH JSC

Judgement

JUDGMENT

DR. DATE-BAH, J.S.C.

The facts

The Plaintiff is a limited liability company incorporated under the laws of Ghana. It carries on the business of waste collection, disposal and management and also provides landfill services. The Defendant is a statutory body whose existence as a District Assembly was continued by the Local Government Act 1993 (Act 462). By an agreement of 4th December 1997, the Defendant engaged the Plaintiff to render waste disposal services, including landfill services, within the city of Accra. The agreement was to last 7 years from the date of its execution. The agreement further provided that both Parties had the option of renewing it for a further 7 years. The Plaintiff averred that it commenced work under the agreement on 13 July 1999 and continued to perform its obligations under it until 29th June 2001, when the Defendant terminated the agreement by a letter of that date. The Plaintiff contends that this termination constituted a breach of contract and ha…

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