SPARE PARTS LAST STOP CO. LTD v. APSONIC MOTORS CHINA AFRICA & 3 ORS
November 29, 2022
HIGH COURT
GHANA
CORAM
- JUSTICE GEORGE BUADI, J
Areas of Law
- Intellectual Property Law
- Contract Law
- Evidence Law
- Criminal Law and Procedure
- Corporate Law
November 29, 2022
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court (Ho), per Justice George Buadi, dismissed an action by Spare Parts Last Stop Company Ltd, a Ho-based business controlled by managing director Michael Ozioko, challenging the seizure of Apsonic-branded motorcycle spare parts and seeking damages and refunds. The court found the dispute’s core to be Apsonic trademark/dealership rights. Relying on the Trade Marks Act (Act 664), the court held the 1st Defendant is the registered franchise/trademark holder for the Apsonic brand in Ghana, while the plaintiff admitted it was not an authorized agent but nonetheless sold Apsonic parts (Exhibit 1). The police’s arrest, detention within 48 hours, search, and seizure were lawful under the Constitution and Act 30. The court determined that settlement negotiations at the White House Restaurant were voluntarily undertaken; Exhibit D evidenced a GH¢79,740 payment, and the plaintiff was estopped from denying the agreement. The plaintiff’s entire suit was dismissed; the 1st Defendant’s counterclaim was upheld except for general damages, and specific performance was ordered for the remaining GH¢370,000 payment.
JUDGMENT
1 Background
On 8 September 2020, Michael Ozioko (MO, claiming curiously to be trading under
the name and style of an incorporated company - Spare Parts Last Stop Company
Ltd commenced this action by a writ of summons against Defendants. Upon
promptings and leave of the court, his lawyers amended the writ on 30 June 2021,
intituled this time around Spare Parts Last Stop Co. Ltd, suing curiously “per its
Managing Director, Michael Ozioko” for the following reliefs against Defendants:
a A declaration that the removal of the Apsonic Spare Parts from
plaintiffs store and warehouse is unlawful.
b General damages for conversion.
c Alternatively, an order for payment of GH¢450,000 being the value
of the spare parts taken by the defendants.
d An order for the refund of GH¢79,740.00 to the plaintiff with interest
at the prevailing bank rate.
e Cost including solicitor fees in full indemnity basis.
f Further or other reliefs at the Honourable Court may deem fit.
2 Parties’ statements of case.
Plaintiff is a limited liability company that deals in vehicle and motorcycle spare
parts in the Ho Municipality. Plaintiff’s case is that on 5 November 2018, officers
of 1st Defendant company, namely, Messrs Edem, Kadjo, Iddi Sanni and Anthony
Kuada, with the assistance of about six armed police officers invaded its shop at
Ho and packed into a taxi-cab all Apsonic products in its shop and conveyed the
goods to the duty station of 2
nd Defendant (the Municipal Police Commander, Ho)
st Defendant’s officers and police personnel later proceeded to Plaintiff’s
warehouse where four armed policemen were already positioned. Plaintiff avers
that 1
st Defendant’s officers and the police forced its managing director MO to
open the warehouse after which the police and 1st Defendant packed out all goods
they claim to be Apsonic motorcycle spare parts. Plaintiff avers that the seized
Apsonic branded products were conveyed in three vehicles to the Central Police
Station, Ho where its MO was detained till the next night when he was released.
Plaintiff claims that the policemen took inventory of the goods, after which officers
of 1st Defendant company started to make money demands on him, and accusation
that MO had smuggled in and had been selling Apsonic motorcycle spare parts
into the country without payment of customs duties. Plaintiff avers that 2nd
Defendant was present when officers of 1
st Defendant made these accusations; and
that 2
nd