ZOOMLION GHANA LIMITED v. MERSKWORLD COMPANY LIMITED
2015
COURT OF APPEAL
GHANA
CORAM
- GYAESAYOR, J.A (PRESIDING)
- ACQUAYE, J.A
- WELBOURNE, (MRS.) J.A
Areas of Law
- Civil Procedure
- Contract Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involved a dispute between waste management companies over the right to use the Sarbah pit in Accra for waste disposal. The appellant had an agreement with the Accra Metropolitan Assembly (AMA) to use the pit, but a dispute arose with the respondent over rights to the land. The appellant's initial claim was struck out for want of prosecution, and the court awarded damages to the respondent. The appellant appealed, arguing procedural errors and excessive damages. The appellate court set aside the trial court's judgment, finding that procedural rules were not followed and special damages were wrongly awarded without being specifically pleaded. The case was remitted to another High Court for rehearing.
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 plaintiff that has the right to enter and operate the SARBAH PIT as a final refuse disposal site;
b. An order for the recovery of possession of all that piece or parcel of land described in this Statement of Claim as SARBAH PIT, North-West of Oblogo in favour of the plaintiff;
c. Perpetual Injunction to restrain the defendant, its agents, servants, assigns, privies, workmen and anybody claiming through the defendant from entering and or dumping refuse in the SARBAH PIT described above or in any other manner interfering with the plaintiff’s access and rights;
d. General damages;
e. Costs;
f. Any other relief the honourable court may deem fit.
The writ and accompanying statement of claim were duly served on respondent who after filing a defence also filed a counter claim seeking some reliefs. These are:
a. Damages for trespass.
b. An order for the recovery of possession of all that piece of land known as the Sarbah Pit situated at Oblogo in Accra.
c. Perpetual injunction restraining the plaintiff company, its agents, servants, assigns and workmen or whosoever derives authority from the plaintiff company from entering unto and/or dumping refuse in the Sarbah pit situated at Oblogo in Accra or in any manner interfering with the defendant company’s right in relation thereof.
d. Costs.
e. Any other reliefs.
On the 19th day of November 2012, the plaintiff’s claim was struck out upon an application brought under Order 37 rule 4 of C.I.47 for want of prosecution and the respon