ZOOMLION GHANA LTD (No 3) vs. MERSKWORLD CO LTD (No 3)

JUDGMENT SOPHIA ADINYIRA JSC Facts The plaintiff-appellant Zoomlion Ghana Ltd (hereafter referred to as the plaintiff), and the defendant-respondent Merskworld Co Ltd (hereafter referred to as the defendant), are both engaged in the business of waste management. On 13 October 2008, the plaintiff entered an agreement with the Accra Metropolitan Assembly (AMA), whereby the plaintiff was to pre-finance the construction of a refuse disposal facility at the disused stone quarry located at Sarbah, North-West of Oblogo, and operate the pit for a period of three years, subject to renewal. On 15 October 2008, the plaintiff obtained an Environmental Permit (No 2004) from the Environmental Protection Agency (EPA), for the construction and operation of the pit, and proceeded to do so. Meanwhile, on 23 February 2009, the defendant negotiated with the Gbawe Kwartei Family who claimed ownership of the land and paid them GR¢ 200,000, a cow, a sheep and assorted drinks, for the right to u....