ALKE GHANA LIMITED (PLAINTIFF/APPELLANT) V. PROTEINS CONSTRUCTION & MAINTENANCE LIMITED & 1 OR.

MARIAMA OWUSU, J.A.

On the 8th day of December, 2015, the High Court, Commercial Division, Accra, dismissed the plaintiff’s action as an abuse of the legal process.

Dissatisfied with the decision of the Court, the plaintiff appealed to this Court on the following grounds:

1. That the Trial High Court erred in dismissing the suit on the ground lis alibi pendes

2. That the Trial High Court erred in holding that the claims in the suit are the same as the claims in another suit commenced by the Defendant.

3. That the Trial High Court erred in holding that the Plaintiff should join the suit commenced by the Defendant against Alke and Turmaks JV Limited.

4. That the ruling is against the weight of evidence.

Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of the case.

The Plaintiff/Appellant (hereinafter referred to as Plaintiff) claims against the Defendants jointly and severally the following reliefs:

1. Refund of the sum of GHS 4,358,67…