EUROGET DE-INVEST SA vs. ZENITH BANK GHANA LTD TOP INTERNATIONAL ENGINEERING [GH] LTD

Motion for Joinder as 2nd Defendant The Applicant herein has filed the present application to be joined to this suit as 2nd Defendant to the present suit. This application has been opposed by the Plaintiff Respondent. I will go straight to the meat of the matter. The Plaintiff has largely argued that the performance bond issued by the Defendant in favor of the Plaintiff and in respect of works to be performed by the Applicant ought, in the right sense be seen as a separate contract as between the Plaintiff and the Defendant independent of the contract between the Plaintiff and the Applicant. [Potter LJ in Comdel Commodities Ltd (1977) 1 Lloyd’s Rep 431; followed in Cargill International SA v Bangladesh Sugar and food Industries Corporation] Whilst agreeing with the above position of the law, I take note also of suit no. GJ1437/2017 Top International Engineering (Ghana) Ltd v Eroget De-Invest SA. This is a matter between the Applicant and the Plaintiff herein. The Applicant the.....