ii. That the said action is an abuse of the process of the court in that
annexure “H” is a Judgement in default obtained by the Plaintiff/
Respondent in the High Court of Sierra Leone in suit No: C.C 100/12, 2012
NO.4. which ought to have been executed by the Plaintiff/Respondent in
Sierra Leone and not by filing the application herein to the Ecowas Court.
This again we submit is tantamount to an appeal to the Ecowas Court by
the Plaintiff/Respondent from decisions of the Sierra Leone High Court.
The Ecowas Court does not serve as an appellate chamber from decisions
of member states. To entertain this application will be an attack on the
judicial comity existing between the Ecowas Court and courts in the
member states.
On 21st November 2018, the Plaintiff filed a response against the Preliminary
Objection of the Defendant. In substance the Plaintiff’s response is contained
in paragraphs 2, 3 and 4 of its 5 paragraph Counter affidavit (Document 4) as
follows:
2.
Mr. Mark Beasley, the Managing Director of the Claimant informed me
on phone on 19th November, 2018 and I verily believe as follows:
a.
In 2013 and 2018 the Respondent suspended timber export in
Sierra Leone, Attached herewith and marked Exhibits “J” AND
“K” are photocopies of documents which reported the
suspension.
3.
The judgment is inconclusive in that the Commercial Court of Sierra
Leone did not award any specific damages for breach of the contract.
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