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GHANA NATIONAL TRADING CORPORATION
V.
S.S. PACIFIC CURRENT AND OTHERS

(1976) JELR 64231 (HC)

High Court 30 Apr 1976 Ghana
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- Application for an interlocutory injunction to restrain the vessel and master from leaving Ghana was dismissed; court held there was no legal foundation to detain the ship, as the vessel was not the subject-matter of the litigation and ap

Case Details

Judges:CECILIA KORANTENG-ADDOW AG.J.
Counsel:J. A. ARYITEY FOR THE APPLICANT; E. S. AIDOO FOR THE RESPONDENTS.
Other Citations:[1976] 2 GLR 321

CECILIA KORANTENG-ADDOW AG. J.

This is an application for an order to restrain the ship, S.S. Pacific Current and her master and crew from sailing out of the territorial waters of Ghana pending the final determination of a suit brought against the master of the vessel by the applicant corporation (hereafter called the applicants). The claim is for $500,000.00 damages for damage caused to sugar consigned with the ship as a carrier to the applicants.

The grounds of the application as contained in the affidavit in support of the motion is that if the ship is allowed to sail away the sum of $500,000.00 (United States dollars) will be lost to the Ghana National Trading Corporation. In elaborating on this, counsel for the applicants said he entertained some fears that if the vessel leaves the Ghana territorial waters, the master may not come to defend the claim and if the applicants obtained a judgment on their own evidence, unchallenged by the respondents, such a judgment will be a defaulti…

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