TORKORNOO (MRS), J.A.
The Defendant/Appellant Assembly entered into an agreement with the Plaintiff/Respondent Company to build, operate and transfer 20-seater, water closet facilities at 61 sites in the city of Kumasi. The agreement was first signed in 2000, accepted as repudiated in March 2004 and renewed with amendments in November 2004.
In paragraph 10 (13) of its Amended Statement of Claim, the Respondent averred that it ‘...duly commenced the building of the said toilet facilities at the following 61 sites selected by the defendant’ and went on to name the sites. However, in paragraph 15 of the Amended Statement of Claim, it gave details of only 16 facilities it had completed and operated at the time of commencing the action in 2012. Then in paragraph 20, it set out four other facilities that had been completed but were not operational and fifteen facilities that had been started but were uncompleted, thereby presenting that it actually executed building works on only 35 o…