REPUBLIC v. HIGH COURT, TEMA & OTHERS

YEBOAH, JSC:-

The supervisory jurisdiction of this court has been invoked by the applicant herein to quash the ruling of the High Court, Tema, dated the 18th day of December, 2009 and for a further order prohibiting the same court from proceeding to hear a consolidated suit pending before it.

In an affidavit sworn to by one AKUA SARPOMAA AMOAH on behalf of the applicant herein, it does appear that the facts culminating in this application are not in controversy. Dee Hones Petroleum & Gas Ltd sued Tromso Shipping Co. Ltd and The Vessel M/T “MY ARCTIC” in suit № E2/149/09 before the High Court, Tema. Another suit was commenced as TROMSO SHIPPING CO. LTD V THE ENTIRE CARGO OF 9,949,799 of GAS OIL ON BOARD THE MV “MY ARCTIC” and two others as defendants. A third suit was also commenced, this time at the High Court, Commercial Division, Accra as suit № CGS/14/09 between MY SHIPPING PVT LTD V CARGO OF IL CURRENTLY CARRIED BY THE VESSEL MY ARTCTIC, THE OWNERS AND ALL PERSONS INTERESTED IN THE CARGOCL and CREST GRADE OIL GAS LTD. It is on record that the two suits at the High Court, Tema referred to above were consolidated given the nature of the facts in the two cases. The Applicant herein whose case was pending at the High Court Commercial Division, Accra successfully applied and joined the consolidated suit at the High court, Tema. After going through the implementary process pursuant to the order for joinder, the applicant filed a statement of defence and counter-claimed for a declaration that it had right lien against the cargo of gas oil currently on board the “MY ARCTIC” and other ancillary reliefs. After close of pleadings, the plaintiff in the consolidated cases filed an application for directions which was taken. The record in this application shows that it was subsequent to the taking of application for directions that the applicant filed a motion for stay of proceedings and

referred to arbitration in London. The application was heard before His Lordship Offei at the High Court, Tema on 18/12/2009 and His Lordship dismissed the application and proceeded to hear the consolidated cases.

The refusal of the application to stay proceedings and referral to arbitration in London prompted the applicant to mount this application to invoke our supervisory jurisdiction to quash the ruling and prohibit the judge from proceeding to hear the consolidated suits.

Learned counsel for the applicants filed three main grounds for the application which for sake of clar