ADUAMA OSEI JA:
In this judgment, the Plaintiff/Appellant will be called “the Plaintiff” and the Defendant/Respondent will be called “the Defendant”.
By its writ of summons issued in the Commercial Division of the High Court, Kumasi, on the 19th of August, 2010, the Plaintiff claimed against the Defendant the sum of GH¢54,000.00 “being outstanding cost for the construction of market stalls/stores which the Defendant caused the Plaintiff to construct through pre-finance arrangement with the Plaintiff and which the Plaintiff has completed but the Defendant has failed to reimburse the Plaintiff despite repeated demands”. The Plaintiff also claimed interest on the sum claimed from November, 2008 till date of final payment.
In the statement of claim which accompanied the writ of summons, the Plaintiff alleged that pursuant to an agreement it made with the Defendant, it constructed 102 stalls and 25 stores for the Defendant on a pre-finance basis. The Plaintiff alleged that after it had comple…