[2016]DLHC7264 • October 18, 2016 • High Court
MERLING GAMING GHANA LTD. (PLAINTIFF) vs. NATIONAL LOTTERY AUTHORITY (DEFENDANT)
In this application, the applicant prays this court for an order directed at the Defendant/Respondent to Re-engage the Plaintiff/Applicant and comply by specific performance of the terms of the contract pursuant to the consent judgement dated 9th April, 2013. The applicant was brought under order 43 rule 8(1) of C.I. 47 which provides: ‘‘If an order of mandamus, mandatory order, an injunction or a judgment or order for the specific performance of a contract is not complied with, the court may direct that the act required to be done may, so far as practicable, be done by the party by whom the order or judgment is obtained or some other persons appointed by the court, at the cost of the disobedient party ‘’. I have read the application and all the affidavits filed by the parties. I have also given consideration to the oral submissions made by both counsels. Thoughtful consideration has been given to order 43 rule 8(1) of C.I 47 and order 64 rule 1 thereof. The question which re...