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EKUONA CONSTRUCTION CO. LTD. V. BANK FOR HOUSING AND CONSTRUCTION

(1987) JELR 67726 (HC)

High Court  •  12 May 1987  •  Ghana

Coram
AMPIAH J.A.

Appearances
OWUSU-YEBOAH (WITH HIM MISS GLORIA AKUFFO) FOR THE PLAINTIFF-COMPANY; K. A. A. MATE FOR THE DEFENDANT-BANK.

Judgement

AMPIAH J.A.

The plaintiff is a road and building construction company incorporated as a limited liability company under the laws of Ghana. The defendant is a bank incorporated under the laws of Ghana. By a series of international agreements between the Government of the Republic of Ghana and the World Bank—it is not clear on the evidence whether it is the International Bank for Reconstruction and Development or the World Bank itself—the Government of Ghana obtained a credit loan from the World Bank for the purpose of financing Ghana’s roads maintenance projects. For our purpose, it is not necessary to know the intricacies of these agreements. It suffices to know however that this loan facility was, by an agreement, to be implemented by the Bank for Housing and Construction (B.H.C.), the defendant herein and the Ghana Highway Authority (G.H.A.).

Under one of the projects dubbed “the Second Highway Project”, the B.H.C. was to procure creditable Ghanaian road contractors to carry out road …

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