PROF. MENSA-BONSU (MRS.) JSC:-
The appellant in the instant case has brought this appeal involving contracts that were signed on behalf of two companies by persons who described themselves as being “friends”. Subsequently, the enforceability of the contract became an issue when they were deemed unenforceable because the objects were tainted with immorality and therefore contrary to public policy.
Facts and Background:-
- Sometime in December, 1983, the Government of Ghana, through its agency the AESC, awarded a contract to defendant/respondent (herein referred to interchangeably as ‘defendant’ or ‘respondent’, as the context allows) for the production and supply of granite for a Sea Defence Wall at Keta on the southeastern coast of Ghana.
- On or about 28th January, 1986, a works Certificate No. 12, was issued on behalf of respondent to Government of Ghana for the sum of ¢553,056,000 (old cedis). This claim, however, remained unpaid for over two decades despite repeated demands made by res…