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. 9

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