MAVIS KRAMPAH VS KESKIM VENTURES LTD & 4 ORS.
October 31, 2022
HIGH COURT
GHANA
CORAM
- HER LADYSHIP AKUA SARPOMAA AMOAH J. (MRS.)
Areas of Law
- Civil Procedure
- Commercial Law
October 31, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff/Applicant moved the High Court for a mandatory injunction compelling the 2nd Defendant to co-sign cheques to pay suppliers of the 1st Defendant Company. Although the application was opposed through affidavits, the Judge observed that payment to the 1st Defendant’s creditors was not disputed; the Respondent’s concern was that purchases allegedly made by the Plaintiff be vetted or verified by the 1st Defendant before approval. The Plaintiff agreed to vetting, but the parties’ frosty relationship prevented them from agreeing on a verifier. To resolve the impasse without adjudicating blame, the Court appointed Mr Emmanuel Afatsao, Principal Auditor at the Judicial Service’s Audit Directorate, to vet the Plaintiff’s invoices and purchases. The Plaintiff was ordered to furnish the Deputy Registrar with all relevant documents within seven days, after which the referee had twenty-one days to complete the vetting, file his report at the registry, and serve it on the parties.
Before me is an Application for Mandatory Injunction praying for an order compelling the 2nd Defendant to co-sign cheques to pay certain persons who supplied items to the 1st Defendant Company. The grounds upon which the Application rests are set out in the Plaintiff’s accompanying Affidavit and Supplementary Affidavits. The Application is vehemently opposed as can be gleaned from the Affidavit in Opposition and its supplements.
I note that the parties trade accusations regarding who is responsible for the current state of affairs. I however do not think that ascertaining the veracity or otherwise of these allegations will serve any useful purpose in determining the present Application.
I say so because the Respondent does not appear opposed to the fact that the said creditors or suppliers of the 1st Defendant must be paid. His only concern appears to be that the purchases allegedly made by the Plaintiff/Applicant must be vetted and or verified by the 1st Defendant prior to approval. Thankfully the Plaintiff seems agreeable to this.
It is however fairly obvious that the parties cannot agree on the person to conduct this exercise due to their frosty relationship.
I therefore appoint the Mr Emmanuel Afatsao, Principal Auditor, Head Office, Audit Directorate, Judicial Service to vet the Plaintiff’s invoices or purchases. Plaintiff/Applicant is hereby ordered to furnish the said Deputy Registrar with all invoices and relevant documents within 7 days from today to enable him commence his work. The referee upon being furnished with the said documents is afforded 21 days within which to complete his work. Upon completion the referee is ordered to file his report at the registry of this court and to serve same on the parties.
(SGD)
MRS. AKUA SARPOMAA AMOAH J.
(JUSTICE OF THE HIGH COURT)