GEORGINA ACHIAA VS LESFAM COMPANY LTD & ORS

The Plaintiff (hereinafter called the Applicant) filed a Motion on Notice for an Order of Interlocutory Injunction with a 25-paragraph supporting affidavit dated 13th March, 2023.

In this application, the Applicant alleges that the Respondents have engaged in unfair competition by putting up for sale on the Ghanaian market the very Jägermeister product in respect of which she is the sole and exclusive agent to sell in Ghana. In so doing, the Defendants (hereinafter called Respondents) are representing to all of plaintiff’s customers that they are selling goods belonging to the plaintiff. Counsel for Applicant submitted that the said acts by Respondents cause confusion by reason of their putting up for sale on the Ghanaian market the Jägermeister product. That the said acts are likely to damage the goodwill or reputation of Plaintiff’s enterprise whether or not the act or practice causes confusion.

The Applicant is therefore praying the court to restrain Respondents and their agents etc. from dealing in, importing into, trading, marketing and selling the said herb liqueur in Ghana without purchasing same from the applicant on one hand and to restrain the Respondents whether by themselves, their agents or otherwise from enabling, assisting, causing, procuring or authorizing others to trade, market and sell the herb liqueur in Ghana without purchasing same from the Applicant.

All the Respondents herein were served with the instant application. However, the 3rd and 4th Respondents [IMEXCO GHANA LTD & COMET GHANA LTD] filed their Affidavit in Opposition dated 9th May, 2023, whilst the 6th Respondent [LIQUIDS AND WINES] prayed to rely on their previous Affidavit in Opposition filed on 11th November, 2022.

In opposing the instant application, the 3rd and 4th Respondents aver that the court ruled that Exhibit ‘E’ relating to the Power of Attorney was invalid and having so declared, Exhibit ‘E’ cannot form the basis of the present application. Further to that, the Respondents denied importing and selling Jägermeister without purchasing from the Applicant and the averment that the importation and sale of the said product in Ghana constitute unfair competition because the applicant is the sole and exclusive agent. Respondents stated further that in an application for injunction, it is not enough for the Applicant to demonstrate a legal or equitable right to be protected. The Applicant must demonstrate that the Respondents have indeed breached or threatened to