Ratio DecidendiRatio DecidendiRatio Decidendi



SCANCOM LIMITED
V.
VICTOR BANNERMAN-CHEDID

(2010) JELR 69696 (HC)    
High Court  ·  SUIT NO. INDL/59/10 ·  20 May 2010 ·  Ghana
CORAM
KWABENA ASUMAN-ADU J.

Ratio Decidendi

Core Terms Beta
court
defendant
plaintiff
respondent
application
order
interlocutory injunction
interlocutory order
restrictive provision
plaintiff’s competitors
plaintiff’s employment
provisions of the conditions of service
applicant’s case
competitor of the plaintiff
copy of the letter of appointment
final determination of the action
said conditions of service
said restriction
senior manager
supreme court
trial court
applicant’s competitors
conditions of service of the company
discretion of the trial court
ekwam vrs pianim
final determination of this case
following reliefs
grant
grant of an interlocutory injunction
grant of the interlocutory injunction
high court civil procedure rules
lansing linde ltd. vrs kerr
legal principles
littlewoods organization ltd. vrs harris
local authorities
main issue
marketing communications
marketing division of the company effective
offer of the appointment
order of interim injunction
order of interlocutory injunction
relevant authorities
respect of the said application
subject matter of the current case deals
telecommunications company
tsokosi vrs abbas
unanimous decision
vanderpoye vrs nartey
vrs global national resources plc

RULING

ASUMAN-ADU, J.

The Plaintiff issued Writ of Summons against the Defendant on 16th March, 2010 for the following reliefs:

“A declaration that the Defendant is bound by the provisions of the conditions of service, including the provisions which restrain him from taking up employment with a competitor of the Plaintiff within one year of leaving the Plaintiff’s employment.
An order directed at the Defendant to respect the provisions of the Conditions of Service which restrain the Defendant from taking up employment with any of Plaintiff’s competitors including Vodafone within one year of leaving the company”.

On the same day, the Plaintiff filed motion on notice for an order of interlocutory injunction to restrain the Defendant/Respondent from breaching the provisions of the conditions of service that restrain him from taking up employment with Plaintiff/Applicant’s competitors, including Vodafone, within one year of leaving the Plaintiff until final determination of the action. The Def…

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