Core Terms Beta
statement of claim
ruling of the trial court
court of appeal
learned trial judge
view of counsel
final determination of the case
rules of the high court
sheriffs of the court
circumstance of the case
conclusion of this case
effect of setting aside execution processes
exercise of discretion
judgment of the high court
management of the plaintiff
new champion enterprise limited
new champion enterprise ltd.
order of injunction
orders of the court
record of appeal
respect of the said company
reversal of the trial court
said new champion enterprise ltd.
subject matter of fuel dealership agreement
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…