APALOO J.S.C.
In this action, the plaintiff company are claiming from the defendant corporation the sum of £G10,227 which the plaintiffs say is due to Ghana Presec Limited from the defendants and which sum the plaintiffs claim has been validly assigned to them by Presec Limited.
Before dealing with the extensive and somewhat difficult points of law canvassed in this case, it is, I think necessary, to relate the facts which are substantially not in dispute. A company known as the Ghana Presec Limited was on 12 May 1960 awarded a contract by the Division of Public Construction to execute and complete the construction of 85 houses and ancillary works for the government at Osu. The contract documents were tendered in evidence and as is often the case with government contracts, are very voluminous indeed. The contract sum according to the contract documents is £G202,809 16s. 9d. Although there is no direct evidence of it, an affidavit sworn to by a Mr. Eric John Elliot of the Division of Pu…