THE REPUBLIC
V.
THE HIGH COURT (COMMERCIAL DIVISION) ACCRA EX PARTE: ATTORNEY-GENERAL ZENITH BANK

(2019) JELR 68897 (SC)

Supreme Court 10 Apr 2019 Ghana
BriefBot icon

BriefBot Summary

Free

- Zenith Bank Ghana Limited won a judgment of USD44,155,258.39 against Balkan Energy Ghana Limited. - Balkan Energy was also awarded USD 13.3 million against the Republic of Ghana due to a breach of a power purchase agreement. - Zenith Ba

Case Details

Suit Number:CIVIL MOTION NO. J5/08/2019
Judges:YEBOAH JSC (PRESIDING), BAFFOE-BONNIE JSC, GBADEGBE JSC, APPAU JSC, DORDZIE (MRS.) JSC
Counsel:AMARKAI AMARTEIFIO FOR THE INTERESTED PARTY/RESPONDENT,GODFRED YEBOAH DAME DEPUTY ATTORNEY-GENERAL FOR THE APPLICANT,WITH HIM MRS. GRACE EWOAL. PRINCIPAL STATE ATTORNEY NANA ABUA ,BRONYA OTCHERE SENIOR STATE ATTORNEY MISS YVONNE BANNERMAN,SENIOR STATE ATTORNEY AND AKANWARE ATENDAM ASSISTANT STATE ATTORNEY.

DORDZIE (MRS.), JSC

FACTS

In a suit numbered BFS/217/13, between Zenith Bank Ghana Limited (the interested party herein) and Balkan Energy Ghana Limited and Reality Advisors Incorporated in the High Court, Zenith Bank, on the 12th of March 2014 obtained judgment in the sum of USD44, 155,258.39 against Balkan Energy Ghana Ltd.

Balkan Energy on the other hand was given an arbitral award of about USD 13.3 million against the Republic of Ghana. This came about as a result of breach of a power purchase agreement between Balkan Energy Ltd and the Republic of Ghana. In accordance with an arbitration clause in the said agreement, Balkan Energy Ghana Ltd commenced arbitration against the Republic of Ghana at the Permanent Court of Arbitration in The Hague, Netherland. On the 1st of April 2014 the arbitration awarded a total of about USD13.3million in favour of Balkan Energy Ghana Ltd.

Zenith Bank in enforcing the judgment against Balkan Energy Ghana Ltd. obtained garnishee order absolute against t…

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 77,000 cases, recent judgments, statutes, and rules of court.