ZOOMLION GHANA LIMITED VS MERSKWORLD COMPANY LIMITED & ANOR
November 1, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Tort Law
- Administrative Law
November 1, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per K. A. Gyimah J., resolved a dispute between Zoomlion Ghana Ltd and Merskworld Company Ltd over control of the Sarbah Pit landfill at Oblogo. Zoomlion relied on 2008 agreements with the Accra Metropolitan Assembly (AMA) to pre-finance and operate the site and an EPA permit, while Merskworld claimed ownership rights through grants from both the Weija Stool and the Gbawe Kwatei Family. Applying Ghanas Evidence Act standards and land-title principles, the court found insufficient proof of ownership by either Weija Stool or Gbawe Kwatei Family. It held that an AMAs Memorandum of Understanding was not a valid instrument of land transfer under the Conveyancing Act, yet concluded Merskworld had a superior right given its documented grants. Zoomlions possession was under AMAs public mandate; any trespass was attributable to AMA, leading to only nominal damages against Zoomlion. The court dismissed Zoomlions claims and Merskworlds counterclaims (save nominal damages), with no costs, noting the Sarbah Pit was decommissioned.
Introduction
This case is basically between two waste management companies operating in the Greater Accra Region over a waste disposal site popularly referred to as the Sarbah Pit located at Oblogo.
This pit was originally a disused stone quarry.
Plaintiff’s Case It is the plaintiff’s case that in the year 2008, it entered into two agreements with the Accra Metropolitan Assembly (2nd defendant) firstly to pre-finance the construction of a waste disposal facility at the Sarbah Pit at a cost of GH¢570, 000. 00 and secondly to manage and operate the site for a period of three (3) years which was subject to renewal.
This was after the 2nd defendant “had concluded negotiations with the relevant land owning groups regarding access, right of entry and use” of the Sarbah Pit as a waste disposal site.
The plaintiff also asserts that the 2nd defendant secured the necessary environmental permit from the Environmental Protection Agency for the operations of the Sarbah Pit.
It is the plaintiff’s case that sometime in the year 2009, the 1st defendant forcibly entered the Sarbah Pit, removed the plaintiff’s workmen from the landfill site and commenced construction activities with the intention of using the Sarbah Pit as a final waste disposal site.
The said conduct of the 1st defendant, according to the plaintiff, had caused it hardship and damage and also jeopardized its investment and plans for the use of the Sarbah Pit.
The plaintiff therefore asserts that it is only the Court that can order the 1st defendant to cease its unlawful acts, hence the present action.
The plaintiff therefore claimed the following reliefs against the defendants: i. Declaration that by the agreements concluded between Accra Metropolitan Assembly and the land owners and with Zoomlion Ghana Ltd. respectively, it is only the plaintiff that has the right to enter and operate the Sarbah Pit as a final refuse disposal site.
An order for the recovery of possession of all that piece or parcel of land described in the statement of claim as Sarbah Pit, North-West Oblogo, in favour of plaintiff.
Perpetual injunction to restrain the 1st defendant, its agents, servants, assigns, privies, workmen and anybody claiming through the 1st 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.
General damages.
v. Costs.
Any other relief the honourable Court may deem fit.
1st Defendant’s Defence and C