This appeal before this court is from the judgment of the Court of Appeal, Koforidua which stayed the proceedings of the High Court, Ho.
The case did not proceed to trial on the merits and therefore the facts for the determination of this interlocutory appeal are captured only from the pleadings, the affidavits of parties and the courts’ records before us as an appellate court.
The respondent herein and three other defendants (who appeared not to contest the matter), were sued by the appellant before the High Court, Ho. The respondent is a foreign firm engaged in marine reclamation and was engaged by the Government of Ghana to undertake the salvaging of coastlines at Ada and other areas in the Volta Region to prevent further erosion of the coastline. The respondent, executed the contract and in course of so doing, the appellants sued them at the Ho, High Court on 11/08/2014. The basis of the claim was that the execution of the contract had resulted in substantial dama…