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ADDOH J.A.
This interlocutory appeal seeks to overturn the ruling of the Circuit court, delivered by His honour Judge Beresford Acquah Esq. on 14th August, 2008.
The brief facts of the case as presented by the defendant are that the plaintiff/respondent (hereinafter called the plaintiff) mounted the instant action against the defendant/appellant (hereinafter called the defendant) claiming among other reliefs the sum of ¢63,220,000 being mobilization sum paid to the defendant for the construction of six (6) unit classroom block with offices and store and a 5-seater KVIP at Nyankokwaa in the Awutu-Efutu Senya district. The defendant in turn counter-claimed against the plaintiff among other reliefs for a declaration that the termination of the contract awarded to the defendant by the plaintiff was illegal.
The court granted application for directions on 13th March, 2008 in the absence of both parties and counsel for the defendant and adjourned the case to 26th March, 2008, for hearing. On t…