TRUE COLOUR EVENTS vs GLOBACOM LIMITED & ANOTHER

The Defendants/Applicants (hereinafter called Applicants) filed the instant application dated 10th January 2023 with a 30-paragraph supporting Affidavit and annexures praying the court to dismiss the suit against them as same is an abuse of the court process.

It is the case of the Applicant that by a writ of summons and statement of claim filed on 9th March 2015 (Exhibit ‘A’), the Plaintiff/Respondent (hereinafter called Respondents) commenced an action (Suit BDC/4/15) against Globacom Ghana Limited and Mr. Mike Adenuga claiming the following reliefs:

“An order of the Court compelling the Defendants to release all the equipments that the Plaintiff brought from South Africa to Ghana and contained in the schedules in its custody and are in the warehouse of the 1st Defendant.

Alternatively, a declaration by the court that the seizure and detention of the equipments brought by the plaintiff from South Africa to Ghana is unlawful.

General damages for wrongful detention of the plaintiff’s equipments brought from South Africa to Ghana pursuant to the agreement between the Plaintiff and the Defendants.

The defendants be ordered to pay an amount GHC20,000.00 as legal fees and cost”.

Subsequently, the Plaintiff filed an amended writ of summons and statement of claim and prayed for the following reliefs:

An order of the Court compelling the Defendants to release all the equipments that the Plaintiff brought from South Africa to Ghana and contained in the schedules in its custody and are in the warehouse of the 1st Defendant.

Alternatively, a declaration by the court that the seizure and detention of the equipments brought by the plaintiff from South Africa to Ghana is unlawful.

An order of the Court directing the defendants to pay an amount of USD4,400.00 a day from November 2011 to the date of final judgment to the plaintiff.

USD200,000.00 being expenses that have been incurred by the plaintiff such as hotel bills, airfares, feeding and others both in Nigeria and Ghana.

USD500,000.00 being legal fees the plaintiff has incurred in South Africa, Ghana and Nigeria from November 2011 to the present.

General damages for unlawful seizure of plaintiff equipments by the defendants.

Respondent further amended the writ on 24th November 2017 and joined the 3rd Applicant to the 2nd Applicant. Thus, in suit No. BDC/4/15, the defendants were Globacom Limited, Mr. Mike Adenuga and Glo Mobile Ghana Limited (Exhibit ‘B’).

It is the contention of the Applicants that the