Zoomlion Ghana Limited is likely to head to the Court of Appeal after it lost a case against the Auditor General.
An Accra High Court dismissed an appeal brought before it by the waste management giant resisting a disallowance and surcharge made against it by the Auditor-General in October 2018.
But Zoomlion Ghana Limited in a statement indicated that “will proceed to take steps it deems fit based on the counsel of its lawyers upon studying the ruling” although the court in dismissing the case held that no fraud was detected in the contract the company executed for the Ministry of Health.
“Although Zoomlion has always maintained that the Auditor General’s position was ill-suited when measured against the actual circumstances of the contract, the High Court thought otherwise and decided against Zoomlion,” the statement from the company’s Communication Directorate explained.
Below is the statement
ZOOMLION GHANA LIMITED
FOR IMMEDIATE RELEASE
“NO FRAUD ESTABLISHED” – COURT ON AUDITOR-GENERAL’S REPORT
ACCRA; February 03, 2020: The management of Zoomlion Ghana Limited, has noted with interest, the decision of the High Court in Accra-dismissing an appeal, initiated at the instance of the leading waste management firm challenging the validity of surcharges imposed on it by the Auditor General.
Though Zoomlion is yet to receive a certified true copy of the court’s decision, the court was categorical that no fraud was established.
The surcharges were applied following an audit of a contract executed by Zoomlion Ghana Limited for the Ministry of Health. Although Zoomlion has always maintained that the Auditor General’s position was ill-suited when measured against the actual circumstances of the contract, the High Court thought otherwise and decided against Zoomlion.
It is noteworthy that no reasons were immediately assigned by the Court for its ruling save to indicate that the facts will be captured in a detailed decision.
Much as Zoomlion welcomes the decision, it should be noted that the company is clothed with the right to seek a review of the High Court’s decision and will proceed to take steps it deems fit based on the counsel of its Lawyers upon studying the ruling.
Zoomlion wishes to reassure the public particularly its stakeholders that the Company’s commitment to transparency in its operations and regard for regulatory authorities and the law, as well as excellence in service delivery, remains firm.
It will be recalled that in January 2019, the Auditor-General served a surcharge and disallowance certificate on Zoomlion which the company disagreed with and appropriately appealed against it in the High Court in accordance with the law.
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