AGRICULTURAL DEVELOPMENT BANK LTD. VS RENAIZANCE SUPPLY CHAIN LTD. & ORS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE
Areas of Law
- Civil Procedure
- Commercial Law
- Contract Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a bank in Ghana, filed a suit for the recovery of GH¢3,385,156.71 due to the Defendant's alleged failure to return leased tractor heads and trailers after termination of a finance lease. The Plaintiff sought a mandatory injunction for the immediate return of the assets to prevent depreciation and further financial loss. The Defendants opposed the injunction, claiming misrepresentation and unlawful conversion of the agreement from a sale to a loan. The Court, after considering the justness and convenience, granted the mandatory injunction, preserving the assets pending the final determination of the suit.
On June 28, 2016, this Court granted the application on notice for mandatory injunction filed by the Plaintiff/Applicant (hereinafter, the “Plaintiff”) and reserved its reasons for today, which I proceed to give.
[1] PROCEDURAL BACKGROUND
The Plaintiff is a bank duly registered under the laws of the Republic of Ghana.
The 1st Defendant is a customer of the Plaintiff bank and has its registered office in the Greater Accra Region of the Republic of Ghana.
On 5th August, 2015, the Plaintiff took out a writ of summons at the registry of this court claiming the following reliefs against the Defendants: i. Recovery of the sum of GH¢3, 385, 156. 71 (Three Million, Three Hundred and Eighty-five Thousand, One Hundred and Fifty-six Ghana Cedis Seventy-one Pesewas) against the Defendants jointly and severally.
Interest on the said sum of GH¢3, 385, 156. 71 (Three Million, Three Hundred and Eighty-five Thousand, One Hundred and Fifty-six Ghana Cedis Seventy-one Pesewas) from 3rd August, 2015 at the rate of 40% per annum till date of final payment against the Defendants jointly and severally.
An Order directed at the 1st Defendant to immediately return or re-deliver the Leased Assets to the Plaintiff by sending same to Plaintiff’s Warehouse at Adenta on the Adenta Aburi road near Geowags Limited.
Costs inclusive of solicitors’ fees.
Subsequent to the issuance of this writ, the Plaintiff has brought the instant application under Order 25 of the High Court (Civil Procedure) Rules, 2004 (CI 47), for an order of mandatory injunction directed at the 1st Defendant to immediately return or to re-deliver to the Plaintiff the twenty-two (22) tractor heads and trailers it leased out to the Defendants, (hereinafter, the “Leased Assets”). Accompanying the Application is an Affidavit and a Statement of Case filed on Plaintiff’s behalf by its Solicitor, Mr. Bannerman Williams, Jnr. , of Sackodar Chambers setting out the grounds for the prayer and also urging the Court to grant the application.
The Defendants resist the grant of this application in the affidavit in opposition filed by the 3rd Defendant on their behalf on the ground that the application cannot be supported in law as it will be unfair to order the 1st Defendant to return the Leased Assets. [2] ARGUMENTS OF THE PARTIES: Plaintiff claims that it entered into a finance lease of some twenty-two (22) tractor heads and tractor trailers with the Defendants on or about July 23, 2015, (hereinafter, the “Finance Lea