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LIZORI LIMITED V. MRS. EVELYN BOYE AND SCHOOL OF DOMESTIC SCIENCE & CATERING

(2013) JELR 68602 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/8/2012  •  26 Jul 2013  •  Ghana

Coram
DR. DATE BAH JSC (PRESIDING), ANIN-YEBOAH JSC, P. BAFFOE-BONNIE JSC, A. A. BENIN JSC, J. B. AKAMBA JSC

Appearances
E. KOBINA FOSU ESQ. FOR THE PLAINTIFF /RESPONDENT/APPELLANT; G. GARDINER FOR THE DEFENDANTS/APPELLANTS /RESPONDENTS.

Judgement

JUDGMENT

BENIN, JSC: The Defendants/Appellants/Respondents, hereinafter called the Defendants and the Plaintiff/Respondent/Appellant, hereinafter called the Plaintiff entered into a contract whereby the Plaintiff was to construct a two storey building plus an extra floor at Kotobaabi for use by the Defendants as a domestic science and catering school block. The Plaintiff’s case was that the total cost of the project was estimated at over one billion old cedis. The plaintiff was to pre-finance the project and submit bills to the Defendants for payments as and when necessary. Plaintiff further averred that they completed two floors and started work on the extra floor. At this stage the Defendants unilaterally abrogated the agreement and re-awarded the job to another person. The Plaintiff pleaded further that it submitted bills for work so far done but the Defendants failed or refused to pay despite repeated demands. That was why it commenced this action at the High Court, Accra, claiming…

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