[2017]DLCA4529 • November 16, 2017 • Court of Appeal
ALKE GHANA LIMITED (PLAINTIFF/APPELLANT) vs. PROTEINS CONSTRUCTION & MAINTENANCE LIMITED & 1 OR.
The Plaintiff, Alke Ghana Limited, entered into a subcontract agreement with the 1st Defendant for the construction of a 60-bed hospital. The 2nd Defendant stood as surety by executing performance and advance payment bonds. The Plaintiff alleged breach of contract by the 1st Defendant and sought various reliefs including refund of monies, damages, injunctions, and forfeiture of bonds. The 1st Defendant contended that the Plaintiff's suit was an abuse of process due to a prior suit involving Alke & Turmaks JV, a joint venture entity including the Plaintiff, and sought dismissal on grounds of lis alibi pendens.
read moreMARIAMA OWUSU, J.A.: On the 8th day of December, 2015, the High Court, Commercial Division, Accra, dismissed the plaintiff’s action as an abuse of the legal process. Dissatisfied with the decision of the Court, the plaintiff appealed to this Court on the following grounds: 1. That the Trial High Court erred in dismissing the suit on the ground lis alibi pendes 2. That the Trial High Court erred in holding that the claims in the suit are the same as the claims in another suit commenced by the Defendant. 3. That the Trial High Court erred in holding that the Plaintiff should join the suit commenced by the Defendant against Alke & Turmaks JV Limited. 4. That the ruling is against the weight of evidence. Before dealing with the arguments advanced in support and against this appeal, I will give a brief background of the case. The Plaintiff/Appellant (hereinafter referred to as Plaintiff) claims against the Defendants jointly and severally the following reliefs: 1. Refund of the .....