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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

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.

JUDGMENT