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EXCEL OIL COMPANY LIMITED v. CROWN PETROLEUM GHANA LIMITED

2018

COURT OF APPEAL

GHANA

CORAM

  • ADUAMA OSEI JA (PRESIDING)
  • SENYO DZAMEFE JA
  • WELBOURNE (MRS.) JA

Areas of Law

  • Civil Procedure
  • Equity and Trusts
  • Property and Real Estate Law

AI Generated Summary

An oil marketing company (the Plaintiff) sued an oil company (the Defendant) over control of a fuel station at Kumasi-Afrancho that the Plaintiff had taken over under a dealership agreement with The Champion Enterprise Limited to recover a debt. Within an hour of issuing its writ, the Plaintiff sought an interlocutory injunction under Order 25 of C.I. 47 to restrain the Defendant from entering or dealing with the station pending trial, asserting interference with its business, deposited fuel stocks, and installed equipment. The High Court granted the injunction and required a GH¢100,000 undertaking. The Defendant appealed, arguing legal ownership via a 2013 judicial sale, possession by court sheriffs, and that the station had been mortgaged to Stanbic Bank since 2005. The Court of Appeal emphasized the criteria for interlocutory injunctions—irreparable harm, adequacy of damages, convenience, and special circumstances—and found the Plaintiff’s claims were monetary, damages adequate, and lack of diligence barred equitable relief. It held the trial court relied on wrong or inadequate material, allowed the appeal, set aside the injunction, and remitted the case for trial before a different judge.

JUDGMENT