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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

Appearances
MR. OSAFO BUABENG FOR APPELLANT ,MR. KOFI SOMUAH FOR RESPONDENT

Judgement

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 …

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