THE REPUBLIC V. THE REGIONAL ENGINEER, DEPT OF FEEDER ROADS EX PARTE; SARASWATI CIVIL & BUILDING CONSTRUCTION CO. LTD. TEMA

MARFUL-SAU, JA

This appeal is against the ruling of the High Court sitting at Cape Coast dated the 25^th October, 2007. In that ruling the trial High Court, dismissed the application by the respondent/ appellant praying the court to set aside an award delivered by a referee in arbitration proceedings. In this appeal the Department of Feeder Roads will be referred to as the appellant and Saraswati Civil and Building Construction Co. Ltd. will be the respondent.

The brief facts of the case are that the Government of Ghana through the Central Regional Coordinating Council awarded two contracts to the respondent. These contracts were the Surfacing of the Bisease Town Roads which was to be executed within 12 months and the Surfacing of the Eshiem, Bisease, Anyinasu Feeder Road also to be executed within 12 months. However, by a letter dated the 20^th May, 2004, the Regional Tender Board terminated the two contracts. This letter is at page 40 and 179 of the record of appeal. Paragraph 2 of the …