VIVO ENERGY GHANA LIMITED
V.
EMIPAK COMPANY LIMITED & 2 ORS.

(2019) JELR 107449 (HC)    
High Court  ·  CM/BDC/0528/2018 ·  31 May 2019 ·  Ghana
CORAM
GEORGE K. KOOMSON
Core Terms Beta
plaintiff
3rd defendants
1st defendant
cause of action
parties
applicants
application
behalf
court
order
3rd defendant
statement of defence
2nd defendant
bank of west africa
defendants
interest
petroleum products
plaintiffs
view
1st may
2nd defendants’ payments
3rd defendants assertion
3rd defendant’s preliminary legal objection
action
assertion of the 2nd defendants
careful scrutiny of the correspondence
claim of the plaintiff
commercial bank rate
cooper
credible evidence
first defendant
forgoing reasons
high court civil procedure rules
matter
matters of this nature
outright denials of these assertions
outstanding indebtedness of the petroleum products
plaintiff’s claim
prevailing bank rate
recovery of the sum of gh
respective parties
result of the plaintiff
r u l
said sum of gh
shell card agreement
similar issues
statement of claim
supply of various petroleum products
supreme court
writ of summons

R U L I N G

This is an application filed by the 2nd and 3rd Defendants/Applicants seeking an order to strike out their names as Defendants to this action. It is noted that the court intends to resolve the two applications together as they have the same facts, the same parties and similar issues. I have read the Applications and Affidavits filed by the parties herein. I have also read the Written Addresses filed by the respective parties. Consideration has also been given to Order 4 rule 5 of the High Court Civil Procedure Rules (C.I. 47).

This application is founded on a writ of summons issued against the Defendants herein claiming as follows:

a. Recovery of the sum of GH¢909,663.11 being the outstanding indebtedness of the petroleum products supplied.

b. Interest on the said sum of GH¢909,663.11 at the prevailing bank rate to be calculated from 1st May 2018 to the date of final payment.

c. Costs.

It is the claim of the Plaintiff that they entered into a Shell Card Agreement with t…

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