An Appeals Court in Accra Ghana, on Wednesday
threw out an application filed by the Attorney General of Ghana against a High
Court ruling ordering the payment of 1.3 million Ghana Cedis as judgement debt
to Isofoton S.A.
The Attorney General has been engaged in a protracted legal battle with the Spanish Company since the high court awarded it a judgement debt in July, 2012.
Isofoton is a global company, which operates in over 60 countries including Ghana. They are involved in designing, manufacturing, and supplying Solar Energy products. Its activities are centered in three technology categories: Photovoltaic, Thermal and concentration.
It must be recalled that the former government of Ghana led by John Kuffour (who ruled from 2001 to 2008) contracted Isofoton S.A through the Ministry of Food and Agriculture and also the Ministry of Energy to supply and install solar powered water pumping irrigation systems and solar electrification project in remote areas in Ghana, under the second Ghana-Spanish Financial Protocol. But unfortunately, the then government terminated the contract without following due process which the company saw as unlawful termination of a legal binding document and therefore sued the government of Ghana of which the high court ruled in favour of the company to be paid an amount of 1.3 million Ghana Cedis by the government of Ghana. This compelled the government of Ghana through the Attorney General to appeal against the decision at the appeal court which the government has lost again. There was no immediate response from the government as to whether they will further battle the case at the Supreme Court which is the highest court of Ghana or will just throw in the towel by paying the money as ruled by the court.
The Attorney General has been engaged in a protracted legal battle with the Spanish Company since the high court awarded it a judgement debt in July, 2012.
Isofoton is a global company, which operates in over 60 countries including Ghana. They are involved in designing, manufacturing, and supplying Solar Energy products. Its activities are centered in three technology categories: Photovoltaic, Thermal and concentration.
It must be recalled that the former government of Ghana led by John Kuffour (who ruled from 2001 to 2008) contracted Isofoton S.A through the Ministry of Food and Agriculture and also the Ministry of Energy to supply and install solar powered water pumping irrigation systems and solar electrification project in remote areas in Ghana, under the second Ghana-Spanish Financial Protocol. But unfortunately, the then government terminated the contract without following due process which the company saw as unlawful termination of a legal binding document and therefore sued the government of Ghana of which the high court ruled in favour of the company to be paid an amount of 1.3 million Ghana Cedis by the government of Ghana. This compelled the government of Ghana through the Attorney General to appeal against the decision at the appeal court which the government has lost again. There was no immediate response from the government as to whether they will further battle the case at the Supreme Court which is the highest court of Ghana or will just throw in the towel by paying the money as ruled by the court.
Speaking to the press after the ruling of the court, the Country
Representative of Isofoton S.A, Mr.Anane Agyei Forson said “the Isofoton matter
came to court of appeal on Wednesday and government has lost the matter.”
According to him “the High court ordered that the judgment debt should be paid to us and they filed a stay of execution, and that stay of execution was also dismissed. So they went to court of appeal and today the Court of appeal says they have no case.”
“It means that they have no case and that the judgment stands and that government have to pay us.” He concluded.
According to him “the High court ordered that the judgment debt should be paid to us and they filed a stay of execution, and that stay of execution was also dismissed. So they went to court of appeal and today the Court of appeal says they have no case.”
“It means that they have no case and that the judgment stands and that government have to pay us.” He concluded.
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