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GEROMINO DATA SYSTEMS AFRICA LIMITED VS HUSSAM OCKAILI & ANOR

2018

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP JUSTICE MRS. JANAPARE A. BARTELS-KODWO

Areas of Law

  • Civil Procedure
  • Equity and Trusts
  • Corporate Law

AI Generated Summary

In the Ghana High Court, Justice Janapare A. Bartels-Kodwo considered an interlocutory motion by the applicant company seeking preservation of four corporate vehicles—a KIA Cerato, KIA Sorento, Land Rover Freelander and Ford Explorer—under Order 25 Rule 2(1) of C.I. 47. The vehicles were in the hands of former executives and shareholders who claimed an equitable and legal lien for monies allegedly owed and emphasized their safe, professional maintenance. The applicant denied any lien or working agreement, relying on DVLA ownership documents. Applying the principles in General Development Co. v Rad Forest Products, the court found no evidence that the vehicles were at risk of being run down and noted that preservation, retention and detention were substantive reliefs in the pending suit. Mindful not to overreach the merits, and considering Order 25 Rule 6, the court maintained the status quo, declined preservation, directed an early trial, and awarded GH¢2,000 costs against the applicant.

RULING