Shandong seeks to overturn Appellate Court setback in Supreme Court


May 23, 2018 By Regina Pratt

Chinese-owned mining company, Shandong Steel, which recently lost on appeal in the Court of Appeal in a case brought by one Mustapha Joseph Kamara over end of service benefit worth more than a billion Leones, now seeks to overturn the legal setback in the Supreme Court.

Kamara had initiated claims for end of service benefits against the mining company and got judgment in both the High Court and Court of Appeal.

But the company filed a notice of motion in the apex court, presided over by Hon. Justice Vivian Solomon, Hon. Nyawo Maturi-Jones (both Justices of the Supreme Court) and Hon. Justice Babatunde Edwards (Justice of the Court of Appeal), to stay execution of the judgment and garnishee order ordered by the appellate court and court of first instance respectively.

In response, lawyers for respondent Mustapha Joseph Kamara filed papers to stay interim orders granted by the apex court to stay the execution of the judgement and garnishee orders, adding that they had already partially executed the garnishee orders.

Yesterday, Lawyer Mohamed Bangura of the Law Firm Tejan-Cole, Yillah and Bangura moved the motion in respect to reliefs to stay the interim orders of the apex court. He told the trio of judges that the application was supported by the affidavit of Mustapha Joseph Kamara sworn to on 24th April, 2018 with seven exhibits.

He submitted that the order that the appellant had prayed for might not be very good precedent for the court as it might deny the respondent of the fruit of the judgement.

“Monies paid into the respondent’s solicitor’s account are far from taking this matter to its logical conclusion,” he said.

Lawyer Bangura said the thrust of the respondent’s application was that the latter is not a man of straw and in that view, they would graciously ask the court to vacate the interim stay of execution it had ordered on 26th April, 2018.

In response, counsel for Shandong, Kwaku Lisk, took leave of the court to file a supplemental affidavit with regards current liquidity status of the mining company.

He submitted that the court has unfettered jurisdiction to make orders that affect even those not before the court, adding that it was proper to grant the interim stay of execution of judgment and the garnishee order.

The matter was adjourned to Thursday, May 24, before which time both sides should have filed their supplemental affidavits.