ZOOMLION GHANA LTD
V.
MERSKWORLD COMPANY LTD

(2014) JELR 63540 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/33/2014 ·  30 Jul 2014 ·  Ghana
CORAM
ADINYIRA (MRS.) JSC PRESIDING, ANIN YEBOAH JSC, BAFFOE-BONNIE AKOTO-BAMFO (MRS.) JSC, AKAMBA JSC
Core Terms Beta
plaintiff
court of appeal
defendant
pit
stay of execution
condition
court
application
high court
interlocutory injunction
judgment
judgment debt
october
order
plaintiff’s appeal
sides
such onerous terms
accra metropolitan assembly
arguable points of law
construction of a refuse disposal facility
defendant access
defendant-respondent
due consideration
environmental permit
environmental protection agency
execution of this order
final determination of the suit
grant of the application
grounds of appeal
issues of liability of the plaintiff
judgment of the high court
judgment of the trial court
jurisprudence of this supreme court
members of the gbawe kwartei family
new evidence
obvious hardship
only issue worthy of consideration
perpetual injunction
plaintiff appeals
plaintiff’s workmen
police personnel
public health
sarbah landfill
s. o. a. adinyira
sophia adinyira
submissions of plaintiff
substantive appeal raises
supreme court

SOPHIA ADINYIRA (MRS.) JSC (PRESIDING):

Facts

Plaintiff-Appellant (Plaintiff) and Defendant-Respondent (Defendant) are both engaged in the business of waste management. On 13 October 2008, Plaintiff entered an agreement with the Accra Metropolitan Assembly (AMA), under which the Plaintiff was to pre-finance the construction of a refuse disposal facility at the disused stone quarry located at Sarbah, North-West of Oblogo, and operate the pit for a period of 3 years, subject to renewal. On 15 October 2008, the Plaintiff obtained an Environmental Permit (No. 2004) from the Environmental Protection Agency (EPA) for the construction and operation of the pit, and proceeded to do so.

Meanwhile, on 23 February 2009, Defendant negotiated with members of the Gbawe Kwartei family, which said that the land belonged to them, and paid GHC 200,000, a cow, a sheep and assorted drinks, for the right to use the pit for a period of 99 years. On 25 February 2009, the Kwartei family granted the Defendant acc…

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