[1976]DLHC12169April 30, 1976High Court

WEST AFRICAN ENTERPRISES LTD vs. SYMON RYBENDE & SON DISTILLERIES, ROTTERDAM AND OTHERS

EDUSEI J. This is an application for an interim injunction against the defendants to restrain them from the commission of any act that is likely to interfere with the rights of the plaintiffs in the manufacture of E. K. Gin and Kiderlen Schnapps in Ghana. The plaintiffs by licence in 1965 acquired the right from the first defendants, a foreign limited liability company resident in Holland, to manufacture their brands of alcoholic drinks known as E.K. Gin and Kiderlen Schnapps in Ghana. The plaintiffs during at least a period of ten years expended large sums of money in the installation of machinery for the manufacture of the said drinks and also in advertisement with a view to popularising the said drinks. The second defendants who are not parties to the franchise agreement between the plaintiffs and the first defendants purported to abrogate the said agreement on the ground that the first defendant company is a subsidiary to the second defendant company. I cannot see my way clear ...