EXCEL OIL COMPANY LIMITED
V.
CROWN PETROLEUM GHANA LIMITED

(2018) JELR 65521 (CA)    
Court of Appeal  ·  SUIT NO. H1/18/2018 ·  13 Nov 2018 ·  Ghana
CORAM
ADUAMA OSEI JA (PRESIDING), SENYO DZAMEFE JA, WELBOURNE (MRS.) JA
Core Terms Beta
plaintiff
defendant
trial court
application
counsel
filling station
appeal
appellate court
statement of claim
interim injunction
interlocutory order
plaintiff’s application
ruling of the trial court
high court
present case
court of appeal
interlocutory injunction
learned trial judge
view of counsel
final determination of the case
lord wright
rules of the high court
sheriffs of the court
supporting affidavit
circumstance of the case
conclusion of this case
decision making
effect of setting aside execution processes
exceptional circumstances
exercise of discretion
following reliefs
judgment of the high court
lord blackurn
management of the plaintiff
new champion enterprise limited
new champion enterprise ltd.
order of injunction
orders of the court
plaintiff’s business
plaintiff’s control
plaintiff’s explanation
quo ante
record of appeal
respect of the said company
reversal of the trial court
said new champion enterprise ltd.
subject matter of fuel dealership agreement
trial judge
vexatious grounds
weight of the affidavit evidence

ADUAMA OSEI JA:

In this judgment, the Plaintiff/Applicant/Respondent is referred to as “the Plaintiff”, and the Defendant/Respondent/Appellant is referred to as “the Defendant”.

By a writ of summons issued in the High Court, Kumasi, on the 28th of August, 2017, the Plaintiff is seeking the following reliefs against the Defendant:

“a) An order of injunction restraining the defendant either by itself, agents, assigns, privies, etc. of whatever name or description so called from interfering with the plaintiff’s control, management, etc. of a fuel/filling station at Kumasi Afrancho belonging to New Champion Enterprise Ltd. which is a subject matter of fuel dealership agreement between the plaintiff and the said New Champion Enterprise Ltd.

“b) An order for the recovery of the cost of the fuel at The New Champion Enterprise Limited at Kumasi-Afrancho at the time that the defendant unlawfully/forcefully took over the said fuel/filling station from the control/management of the plaintiff which a…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login