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RENAULT VEHICLES INDUSTRIES v. ASHANTI ENGINEERING INDUSTRIES

1990

COURT OF APPEAL

GHANA

CORAM

  • ESSIEM
  • AMUAH
  • OFORI-BOATENG JJ.A

Areas of Law

  • Civil Procedure
  • Conflict of Laws
  • Contract Law

AI Generated Summary

The Court of Appeal (per Essiem J.A., with Amuah J.A. and Ofori-Boateng J.A. concurring) reviewed an appeal by a French vehicle manufacturer challenging a High Court ruling that refused to set aside service of a writ served out of Ghana. The plaintiffs alleged an agency and marketing arrangement dating from 1976, consolidated in 1984, under which they were to market and service Renault vehicles in Ghana, and claimed $2,000,000 or cedi equivalent in damages for breach. The defendants argued French law governed, that they had no Ghana presence, and that Ghanaian courts lacked jurisdiction. The Court first held the interlocutory appeal was out of time and that it had no power to extend the fourteen-day limit under L.I. 618. It nevertheless addressed the merits, emphasizing caution in leave for service out, Ghanaian jurisdiction based on performance in Ghana, and waiver of jurisdictional objections where defendants took steps after conditional appearance. The appeal was dismissed.

JUDGEMENT