By a writ of summons issued on the 19th August 2009, in the High Court, (Commercial Division) Accra, the plaintiff/respondent/respondent (herein after simply referred to as the plaintiff) claimed against the 1st Defendant/appellant/appellant (herein after simply referred to as the 1st defendant) the following:
“(i) .....a total outstanding amount of US$4,893,057.08 being unpaid bills by the defendant on due dates arising from works executed by plaintiff as contained in the contract of 17th December, 2003 with its amendment and 13th May, 2008 respectively for works executed and already taken over by defendant but has refused to settle despite numerous reminders.
(ii) An order for accounts or reconciliation of accounts between the two parties in respect of the two named contracts to verify the outstanding unpaid bills.
(iii) Declaration that the said termination of the contracts of 13th May, 2008 and 28th May 2009 is illegal.
(iv) Special and General Damages for breach o…