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SMITHCROWN GHANA LTD. V. AVNASH INDUSTRIES GHANA LTD.

(2022) JELR 110074 (SC)

Supreme Court  •  H1/156/2019  •  15 Dec 2022  •  Ghana

Coram
ADJEI, J.A MERLEY, J.A BAAH, J.A

Judgement

ADJEI, J.A:

The Plaintiff/Appellant dissatisfied with the decision of the High Accra, rendered on 18th May, 2017 which dismissed all its reliefs as unproven filed an appeal against same to this Court on 11th August, 2017. The trial Judge also dismissed the counterclaim filed by the Defendant as unproven, but it did not appeal against the dismissal of its counterclaim. The brief facts of the case were that the Defendant, which is a Ghanaian registered company, awarded a contract through competitive bidding to the Plaintiff to construct a rice mill at a place known as Changnayili in Tamale. The agreement between the parties was governed by a written agreement executed on 12th November, 2021, and titled "Contract Agreement for Civil, Structural, Mechanical, and Electrical Works for Rice Plant at Village Changnayili Tamale." The above-mentioned agreement was admitted into evidence as exhibit "C". There was another document containing the bills and quantities for the project prepared by Sec…

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