ZOOMLION GHANA LTD V. MERSKWORLD CO. LTD

JUDGMENT

AKAMBA J.S.C.

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 9^th 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…