UNIVERSITY OF GHANA v. CPA 18 INTEGRAS GH LTD & ANOR
2018
HIGH COURT
GHANA
CORAM
- ERIC K. BAFFOUR, ESQ. JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Alternative dispute resolution
- Contract Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
Plaintiff sought interlocutory injunction to prevent 1st Defendant from accessing funds in a rent escrow account until arbitration in London concludes. The court found Plaintiffs claim raised significant issues and was not frivolous. Based on precedent cases and considering potential irreparable damage that could be compensated later, the court granted the injunction, maintaining status quo until full determination of the suit. The Plaintiff must provide an undertaking to compensate the 1st Defendant if the injunction proves unjustified.
RULING
Plaintiff/Applicant seeks the following reliefs on the endorsement to the writ issued:
a. A declaration that pending the completion of the arbitral proceedings between the Plaintiff and 1st Defendant currently taking place in London, UK or the resolution of the dispute between the parties, the 1st Defendant shall not draw down, access or utilize any or all moneys paid by Plaintiff into the Rent Escrow Account domiciled with 2nd Defendant.
b. An order of perpetual injunction restraining 1st Defendant, its agents, assigns, privies or other persons no matter how so described from drawing down, accessing or utilizing any or all moneys paid by Plaintiff into the rent escrow account pending the completion of the arbitral proceedings between Plaintiff and 1st Defendant or the resolution of the dispute between the parties.
c. An order of perpetual injunction restraining the 2nd Defendant, its agents, assigns, privies or
other persons no matter how so described from permitting the 1st Defendant from drawing down, accessing or utilizing any or all moneys paid by Plaintiff into the rent escrow account pending the conclusion of the arbitral proceedings between the Plaintiff and the 1st Defendant or the resolution of the dispute between the parties.
d. Any further or other order(s) as the honourable court may deem fit.
In this application for interlocutory injunction Applicant prays the court for orders to restrain 1st Respondent from accessing the monies in the rent escrow account or orders to restrain 2nd Defendant from permitting 1st defendant from accessing the rent escrow account pending the conclusion of arbitral proceedings in London.
1st Respondent has opposed the application and claim that it had a right to issue a notice of termination due to the failure of Applicant, among other, to obtain letters of credit. This per the contract led to the appointment of an expert but Applicant desirous of escaping its liability under the contract between them has challenged the appointment of the expert. And the expert was supposed to determine the termination value and his determination was deemed to be an arbitral award. And that the expert had issued his determination of the termination value of US$165,765,753.00 to be paid by the Applicant and contend that Applicant is not entitled to any interlocutory reliefs. 1st Respondent therefore contend that the case of the Applicant before the arbitral panel is weak and without merit with no chance of an arbitral