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RULING
On the 28th November 2022, the Defendant/Applicant (hereinafter referred to as the Applicant) filed an application before this Honourable Court praying for an order to stay proceedings in this instant suit and to refer the matter to arbitration.
In an Affidavit in Support by one, Paul Mensah, deposed on behalf of Applicant, he traced the antecedents to this application to a Writ of Summons and Statement of Claim filed on the 18th October, 2022, in the Registry of this Court by the Plaintiff/Respondent (herein known as the Respondent) against the Applicant herein seeking the following reliefs.
I. A declaration against the 1st Defendant that the agreement dated the 1st day of July 2020 between the Plaintiff and the 1st Defendant rescinded/set aside as having been procured by undue influence of the 1st Defendant over the Plaintiff.
II. A further declaration that the agreement dated the 1st day of July 2020 is null, void and of no effect for want of compliance with the Illiterates Protection Act, 1912 (Cap 262).
III. A declaration against the 1st Defendant that the instrument loosely called Power of Attorney dated the 23rd day of September 2005 remains valid, effective and binding between the Plaintiff and the 1st Defendant.
IV. A declaration that the Plaintiff remains the sole accredited representative, importer and distributor of the 1st Defendant’s alcoholic herb liqueur known as Jagermeister
V. A declaration that the acts of the 2nd Defendant amounts to act of unfair competition within the meaning of the Protection Against Unfair Competition Act, 2000 (Act 589)
VI. An order of injunction restraining the 1st Defendant from selling Jagermeister to any other person(s) in the Republic of Ghana other than the Plaintiff.
VII. An injunction restraining the second Defendant and/or from further dealing in, importing into, trading, marketing and selling the 1st Defendant’s herb liqueur known as Jagermester in the Republic of Ghana without purchasing same from the Plaintiff.
VIII. General damages against the Defendants for infringing the Plaintiff’s exclusive rights to import and trade in the jagermeister product in the Republic of Ghana.
After entering Conditional Appearance, the Applicant subsequently filed the current application for stay of proceedings.
The Applicant contends that the dispute between the parties relates to a Distributor Agreement dated 1st July 2020. Clause 12(4) of the Distributor Agreement provides for any and all disputes arising ou