ZOOMLION GHANA LTD
V.
MERSKWORLD CO. LTD

(2013) JELR 63541 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J8/89/2013 ·  7 Nov 2013 ·  Ghana
CORAM
AKAMBA J.S.C.
Core Terms Beta
applicant
court
application
counsel
respondent
service
failure
former lawyers
high court
plaintiff
present application
applicant’s contention
applicant’s counsel
appropriate cases
breach of the rules of natural justice
ci
counter claim
court of appeal
defendant
enforcement of the entry of the said judgment
failure of justice
former lawyers of the applicant
grant of the applicant
grant of the present application
judgement
legal arguments
limited liability company
merchant bank gh ltd v
natural justice
order of interim injunction
order of this court
pendency of the application
present counsel
respondents
result of the search
search
search results
similar ways ltd
specific provisions
standard chartered bank
statement of case
stay of execution
such cases
such service
sufficient grounds
support of such application
suspension of enforcement of the judgment
trial judge
true legal position
western hardwood ltd

JUDGEMENT

This is an application by the Plaintiff/Appellant/Applicant for an order of interim injunction or suspension of enforcement of the Judgment obtained in the High Court on 9th April, 2013. Counsel for the Applicant relied on paragraphs 12 to 17 of the affidavit in support for the reasons for the application. Applicant’s contention is that during the pendency of the application for stay of execution at the Court of Appeal, the Defendant/Respondent/Respondent deposed in their affidavit in opposition that the Plaintiff/Appellant/Applicant (hereinafter simply Applicant) and its former lawyers had been served on several dates to attend Court but they had failed to attend Court. This observation was repeated by the trial Judge in her Judgment. This therefore prompted the present counsel for the Applicant to conduct a search to ascertain whether the Applicant and/or his counsel had indeed been served. The result of the search is the stunning revelation that the service was made on the…

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