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KLIMATECHNIK ENGINEERING LTD V. SKANSKA JENSEN INTERNATIONAL

(2003) JELR 68324 (SC)

Supreme Court  •  CIVIL APPEAL NO. 9/2000  •  23 Jul 2003  •  Ghana

Coram
MRS. BAMFORD-ADDO J.S.C. (PRESIDING),AFREH J.S.C,BADDOO J.S.C,DR. TWUM J.S.C,PROF. KLUDZE J.S.C.

Judgement

DR. SETH TWUM, JSC: On 17th February 1999 The Plaintiff/Respondent (hereafter called "the Respondents") issued a Writ of summons accompanied by a statement of claim in the High Court Accra, against the Defendants/Appellants. In the course of the trial, the Respondents wholly discontinued their action against the 2nd Defendant, namely GLAHCO HOTELS and TOURISM DEVELOPMENT CO. LTD. and its name was struck out from the suit, leaving SKANSKA JENSEN INTERNATIONAL (hereinafter "the Appellants")

The Writ of Summons was indorsed with the following reliefs:—

(1) Payment of the sum of USD 224,533.29 or its cedi equivalent at the current Forex Bureau rate of exchange at the date of payment being the Plaintiff's bill for the supply of equipment and materials and engineering services for HVAC works executed by the Plaintiff at the New Executive Guest Rooms Wing of Golden Tulip Hotel at the request of the 1st Defendant as the main Contractors for itself and on behalf of the 2nd Defendant as the contr…

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