Financial lawyer Jonathan Amable says the Ghana Airports Company Limited (GACL) acted within its legal rights when it terminated its contract with Evatex Logistics Limited, dismissing the company’s threats of a $64.6 million lawsuit as lacking contractual grounding.
Evatex has given GACL a seven-day ultimatum to withdraw its termination notice or face legal action, claiming it has invested $64.6 million into the agreement. The company insists the contract entitled it to 15% of any revenue it uncovered through its auditing services and accuses GACL of acting unlawfully.
However, GACL maintains that in the four months since Evatex began operations, it has not generated any revenue, prompting the decision to end the partnership.
Speaking to the media, Amable — Managing Partner at LNF Legal Advisors — noted that Evatex’s legal threat lacks specific contractual references to justify its claim.
“I’ve seen the letter from the Evatex lawyers; I think it is instructive that they did not call any provision within the contract to back their claim for damages,” he said.
In contrast, Amable pointed out that GACL cited Clause 7(A) of the agreement in its termination letter.
“If you compare that to the conduct of the GACL, you could see that they relied on Clause 7(A), and unless there’s any other provision which will detract from the ability of the GACL to rely on Clause 7(A),” he explained.
According to him, Clause 7(A) “gives them a perfect legal window to terminate simply by providing notice, and there will not be any liabilities even if certain monies have been invested.”
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