UNITED BANK OF AFRICA GHAND LTD. v. CHASE PETROLEUM GHANA LTD & 3 ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE KWEKU T. ACKAAH-BOAFO
Areas of Law
- Civil Procedure
- Alternative Dispute Resolution
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff sought an interlocutory injunction to prevent the 4th Defendant from disbursing payments owed to the 1st Defendant. The court analyzed whether the 2nd Defendant acted within its mandate and whether such intervention was lawful. Judicial discretion based on well-established principles was employed to determine the appropriateness of granting the injunction. Considering the balance of convenience and the necessity of maintaining the status quo, the Court concluded that it would not be just and convenient to grant the injunction, as it could cause greater harm to the 1st Defendant's business operations. Consequently, the application was refused.
INJUNCTION
i. Introduction:
[1] Order 25 Rule 1 of CI 47 stipulates that the court may grant an injunction by an interlocutory order in all cases in which it appears to the court to be just or convenient to do so, and the order may be made either unconditionally or upon such terms and conditions as the court considers just. In deciding whether or not to grant an order of interlocutory injunction it has been held that the court would consider the justness and convenience of the order[1].
[2] Drawing on the provision of the law cited herein, learned Counsel for the Plaintiff/Applicant to whom I refer simply as the Applicant filed on March 8, 2019 per the Amended Motion on Notice for an Order of Interlocutory Injunction pursuant to this Court’s leave grated on March 4, 2019, an application praying for:
“… an order of interlocutory injunction restraining the 4th Defendant/Respondent from paying any monies paid by the Government of Ghana for debts owed by the Government to 1st Defendant pending the final determination of this suit and for such further and other orders as to this Honourable Court may seem fit”
ii. Background of the Case:
[3] From the Statement of Claim filed, the Plaintiff says it is a limited liability company incorporated and licensed under the laws of Ghana and it operate as a Bank. The 1st Defendant is also described as a limited liability company involved in the trading and distribution of oil products in Ghana. According to the Plaintiff the 1st Defendant has been its customer since 2007 and it maintains and operate account with it.
[4] The 2nd Defendant is described as the regulator of the Plaintiff Bank entrusted among other functions with the day to day business and administration of Banks in Ghana. The Plaintiff has also described the 3rd Defendant as a limited liability company operating in Ghana and providing inter alia accounting and other advisory services. According to the Plaintiff, the 4th Defendant is a special purpose limited liability company incorporated by the Chamber of Bulk Oil Distributors (“CBOD”) in Ghana and the Ghana Association of Bankers (“GAB” for the purposes of repayment of debts owed by the Government of Ghana to Bulk Oil Distributing Companies (BDCs) in Ghana.
iii. The Underlying Facts:
[5] According to the Plaintiff, the 1st Defendant in the course of operating its accounts with the Plaintiff, obtained credit facilities by way of loans, overdrafts and Letters of Credits (LC) for the settl