A.P. OIL & GAS GHANA LTD. v. MRS. JULIANA FYNN
2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE RITA AGYEMAN-BUDU (MRS
Areas of Law
- Civil Procedure
- Contract Law
- Property and Real Estate Law
- Commercial Law
2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
At the High Court, the parties to a dispute over petroleum supply and the redevelopment and operation of a fuel station near Michel Camp Barrier in Afienya sought and obtained leave to settle, filed their Terms of Settlement, and jointly moved for adoption as a consent judgment. Plaintiff had sued by Writ of Summons dated 12 September 2018 for reimbursement of redevelopment costs, outstanding payments for product supply with interest at the Bank of Ghana rate, and operational control under a Build and Operate/Dealership Agreement, while Defendant counterclaimed for commission from the Mateheko Station and interest. The settlement confers station interest on Defendant as landlord and dealer, grants Plaintiff a ten-year lease with a right of first refusal to renew, appoints Defendant as Station Manager and sole dealer, sets a dealer margin per liter, and makes Plaintiff the sole fuel supplier. Both claims and counterclaims are withdrawn, each party bears its own costs, and specific performance or resumption of proceedings is available upon default. The Court adopted the Terms as the final judgment.
Parties herein through their respective Counsel sought leave of the Court to settle
this matter and file Terms of Settlement if successful.
They have duly filed the said Terms of Settlement. Counsel for Plaintiff has moved
that the Terms of Settlement which has been executed by parties be adopted by this
Court as Consent Judgment.
Counsel for Defendant submits that he agrees with the granting of the instant
Application and also prays that the Terms of Settlement be adopted by this Court.
The Court hereby adopts the following Terms of Settlement as Consent Judgment.
TERMS OF SETTLEMENT
A. WHEREAS, by a Writ of Summons dated 12th September, 2018, the Plaintiff
claimed the following reliefs against the Defendant:
i. Recovery of the sum of GHS 483,137.28 (Four Hundred and Eighty-Three
Thousand, One Hundred and Thirty-Seven Ghana Cedis, Twenty-Eight Pesewas)
expended on redeveloping the Defendant's fuel station.
ii. Recovery of the sum of GHS 310,437.94 (Three Hundred and Ten Thousand,
Four Hundred and Thirty-Seven Ghana Cedis, Ninety-Four Pesewas) being the
outstanding sum owed the Plaintiff for petroleum products supplied to the
Defendant net of all delivery shortages accrued commission for the supply of the
said products.
iii. Interest on the sum of GHS 310, 437.94 (Three Hundred and Ten Thousand,
Four Hundred and Thirty-Seven Ghana Cedis, Ninety-Four Pesewas) from June
2015 to the date of final payment at the prevailing Bank of Ghana rate.
iv. An order of this Honourable Court directing the Plaintiff to take over the
management of and operation of the service station for the remainder of the 25-
year lease term as stipulated in the Build and Operate/Dealership Agreement or
until the full payment of all monies due the Plaintiff as sought in relief (a) above.
v. An order of this Honourable court directing the Plaintiff to take over the
management and operation of the service station until the full payment all
monies due to the Plaintiff as sought in reliefs (ii) and (iii) above.
vi. Costs incidental to this suit.
vi. Any further relief(s) that this Honourable court may deem just and fair in the
circumstances.
B. WHEREAS the Defendant also counter claimed against the Plaintiff as
follows:
i. An order for the recovery of all commission earned from the sale of petroleum
products at the Mateheko Station.
ii. Interest on commission due Defendant from the sale of petroleum products at
the commercial bank rate from September, 201