Try asking the following...
RULING
I have listened to the submission for the grant of the application ex parte for preservation of two containers named in the Plaintiff/Applicant (hereinafter called the Applicant)motion ex parte filed on 31st August, 2023. I have also listened to the submission by counsel for the Applicant.
In this application, the Applicant is praying the court for an order to preserve two containers which are currently located on or around the Sea shore of Ghana at Tema.
I have also examined the documents filed in this application.
This application is an offshoot of a writ of summons the Applicant filed on 31st August, 2023 before this court against the Defendant.
On the writ of summons, the Defendant residential address as provided by the Applicant is Nicosia in Cyprus.
This means, the notice of the writ will be served out of the jurisdiction of this court.
However, the Applicant did not seek the leave of the court before issuing the writ in clear violation of Order 2 rule 7(5) of C. I 47. The provision under Order 2 rule 7(5) of C. I. 47 is couched in mandatory terms which the Applicant failed to comply with in this case.
Again, the containers the Applicant is praying the court to make a preservation order in respect of same are located on or around the Sea shore at Tema.
There are High Courts which are located in Tema.
It is therefore my view, that the forum convenience for the determination of the case is Tema and not Law Court Complex in Accra.
See: REPUBLIC v HIGH COURT, CAPE COAST EX PARTE MARWAN KORT [1998-99] SCGLR 833 Furthermore, the Applicant attached a copy of the contract between itself and the Defendant as exhibit AP.
In this contract, the parties agreed that if there is any dispute between them, the place of arbitration will be London, UK.
The parties did not contract or agree that the place of resolution of their dispute will be in Ghana.
It is the law, that the courts must uphold dispute resolution clauses in agreement which the parties have put forward, such as the one in exhibit AP.
This is considered to be sound business practice.
See: BCM GHANA LTD. V ASHANTI GOLDFIELDS LTD. [2005-2006] SCGLR 602 The Dispute Resolution clause is what the Applicant and the Defendant to exhibit AP, agreed as to how and where they would resolve any issue which will arise from exhibit AP.
The law is that a party is bound by his own agreement.
And such a party cannot resile from it or seeks to deny it later.
See: AGBESI AND OTHERS V GHANA PORTS AND H