GREENLINE LOGISTICS LTD. & ANOR VS MR. FRANKY BOTHA & ANOR

The plaintiffs originally sued the defendants on the 20th of April 2015 and amended their claim on two occasions, that is, on the 2nd of June, 2017 and on 5th February, 2021. Per their further amended statement of claim filed on the 5th day of February, 2021, the plaintiffs sought the following reliefs against the defendants:

a)A declaration that the defendants have been grossly discriminatory in their dealings with the plaintiffs since the 1st defendant assumed office, causing huge economic losses to the 1st plaintiff’s business and continuing untold injury and suffering to the 2nd plaintiff.

b)GH¢4 million damages for discriminatory practices against the plaintiffs.

c)A declaration that the 2nd defendant is in a breach of the Minerals and Mining (General regulations)2012B, LI 2173 of Ghana, and being a subsidiary of AEL South Africa, is also in breach of the King Code of Governance Principles (the code) and the King Report on Governance for South Africa (King iii) to which AEL South Africa and all its branches or subsidiaries are bound.

d)Gh¢2. 5 million for mental torture and psychological trauma caused the 2nd plaintiff by the degrading and humiliating treatment meted out to her by the 1st defendant.

e)Injunction restraining the defendants from practicing further acts of discrimination or other fundamental human rights infractions against the plaintiffs or other Ghanaian outfits or persons.

The defendants denied liability for the claims of the plaintiffs and at close of pleadings and on 28th day of January, 2018, the following issues inclusive of additional ones filed by the defendants were set down by the court for determination: -(1) Whether or not the defendants have been discriminatory in their dealings with the plaintiffs in favour of foreign-owned companies since the 1st defendant assumed office? (2) Whether or not the 1st defendant has meted out degrading treatment in violation of the 2nd plaintiff’s fundamental human rights to be treated with dignity as enshrined in the 1992 Constitution? (3) Whether or not the defendants have taken away some of the plaintiffs’ business of bulk emulsion transport of ammonium nitrate? (4) Whether or not the 2nd defendant induced the 1st plaintiff to construct a specialized warehouse for use by 2nd defendant to store its ammonium nitrate stock? (5) Whether or not AEL South Africa ever sent request for proposal to the 1st plaintiff? (6) Whether or not document submitted, upon a request for proposal, by the 1