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SUMAILA SANUNU V. FRANKLIN GADO SALIFU

(2009) JELR 68479 (SC)

Supreme Court  •  CIVIL APPEAL № J4/13/08  •  22 Apr 2009  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), AKUFFO (MS) J. S C., DATE-BAH (DR) J.S.C., OWUSU (MS) J.S.C., BAFFOE-BONNIE J.S.C.

Judgement

BAFFOE-BONNIE, J. S. C:-

The Defendant/Appellant, (Appellant herein) a contractor, was awarded a contract by Ghana Telecom to build Payphone Shelters and Telephone Stand structures in the Wa District. As the Appellant’s company was cash strapped he approached the Plaintiff/Respondent, (Respondent herein) to assist him financially to execute the contract. The Appellant made a statutory declaration to jointly execute the contract and share the profit from the contract sum. The Appellant claims in Paragraph 4 of his statement of defence that the statutory declaration was between Franksali Enterprise Ltd of which the Appellant is the Managing Director and the Respondent.

Upon completion of the contract a total sum of ¢137,286,033.50 was paid to the Appellant Company. The Respondent claimed he alone financed the entire project to the tune of ¢107,627,000[Paragraph 8 and 9 of the Statement of claim] and this was denied by the Appellant [Paragraph 8 of the statement of defence]. The Appellant …

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