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PARRY & COMPANY LTD
V.
PIONEER FOOD CANERY AND SAHEL SAHARA BANK

(2016) JELR 68422 (HC)

High Court 16 Nov 2016 Ghana
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- The plaintiff is seeking two interlocutory injunctions: one to restrain the first defendant from using a bank guarantee provided by the second defendant, and another to prevent the second defendant from honoring any calls on the guarantee

Case Details

Suit Number:SUIT NO.BDC/21/2015
Judges:HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

BAFFOUR, J.

The Plaintiff/Applicant prays for a two headed order of interlocutory injunction. The first injunction he seeks is to restrain the 1st Defendant from having recourse to a security in the form of Bank guarantee which the 2nd Defendant Bank provided. The second injunction he seeks is directed at the 2nd Defendant/Respondent, the Bank that gave the unconditional guarantee to the 1st Defendant on behalf of the plaintiff in relations to the Plaintiff’s obligations under a Sales Stock Handling Agreement it had entered into with the 1st Defendant. The Applicant intends to stop 2nd Defendant from honouring any call on it to perform or make payment to 1st Defendant to the tune of Ghc 1,650.000.00.

The 1st Defendant is a manufacturer of a variety of canned tuna products whiles the Plaintiff until recently, a distributor of 1st defendant’s products. The parties have been in a long standing business relationship where the Plaintiff was mandated as the authorized distributor of 1st defen…

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