ZOOMLION GHANA LIMITED
V.
MERSKWORLD COMPANY LIMITED

(2015) JELR 63544 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H1/135/2014 ·  26 Mar 2015 ·  Ghana
CORAM
GYAESAYOR J.A (PRESIDING), ACQUAYE J.A, WELBOURNE (MRS.) J.A
Core Terms Beta
plaintiff
order
appellant
appeal
case
respondent
rule
special damages
application
sarbah pit
general damages
notice of appeal
statement of claim
judge
trial judge
9th april
plaintiff company
award of damages
damages of gh
days notice
grounds of appeal
high court
learned trial judge
perpetual injunction
plaintiff’s application
plaintiff’s claim
relist plaintiff’s case
supreme court
19th day of november
amended notice of appeal
award of special damages
counter claim
date of final payments
earlier injunction order
favour of the plaintiff
final refuse disposal site
food distributors international ltd.
further grounds
honourable court
land owners
number of judicial decisions
order of this court
place of the counterclaim
plaintiff’s access
record of appeal
special damages of gh
support of her case
vexed issue of the award of damages
waste management business

JUDGMENT

GYAESAYOR, JA

The parties to the suit and for that matter this appeal are all engaged in the Waste Management Business. The nature of their business involves the collection and disposal of waste produced in Accra to a final dumping place. Pursuant to this the appellant in this appeal entered into an agreement with the Accra Metropolitan Assembly to dump waste at the Sarbah pit, the subject of this litigation various agreements were signed between the appellant and the Accra Metropolitan Assembly (AMA) as a result of this memorandum of understanding. According to the respondent, the plaintiff prevented its workers from carrying their duties at the Sarbah pit claiming to have acquired the land from the Gbawe Kwatei family. In the light of ensuing dispute, the appellant issued a writ in the High Court claiming the reliefs endorsed as follows:

a. Declaration that by agreements concluded between the AMA and the land owners and with Zoomlion Ghana Limited respectively, it is only the …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login