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NANA OSEI BONSU
V.
VIVO ENERGY GHANA LTD.

(2018) JELR 107349 (HC)

High Court 21 Dec 2018 Ghana
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- This case involves an application for an order of mandatory injunction. - The applicant and respondent have a contractual relationship where the respondent supplies petroleum products to the applicant's filling station. - The applicant cl

Case Details

Suit Number:HR/013/2019
Judges:NICHOLAS M. C. ABODAKPI
Counsel:KWABENA FRIMPONG MENSAH FOR KWAKU PAINTSIL FOR PLAINTIFF/APPLICANT PRESENT JOEL ANNOR-AFARI FOR NUTSUKPUI FOR DEFENDANT/RESPONDENT PRESENT

 RULING

ABODAKPI, J.

This is an application for an order of mandatory injunction, filed on 12/12/2018.

The deposition of Applicant in support is to the effect that, there is a contractual relationship between the Applicant and Respondent, where the latter supplies petroleum products to the former, to retail or sell, at a filling station situate at Tema.

Paragraph 7 through to 13 touches on the details of the business dealings between the parties in terms of supply and payment for products, mode of payment instituted by Respondent such is SHELL CARD, ECOBANK CARD and EZY CARD, apart from cash sales.

In paragraph 10 and 11 Applicant stated as follows:

“10. As part of the arrangement between us for the supply of the products, I will normally issue in the Defendant’s favour a cheque for the value of the products that I order which the Defendant retains for delivery to my bankers, ten days after supply or delivery of the products to the station.”

And in paragraph 11, he stated:

“As fur…

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