[1986]DLHC682 • December 16, 1986 • High Court
SHIRLSTAR CONTAINER TRANSPORT LTD vs. KADAS SHIPPING CO. LTD. AND OTHER
The plaintiff, Shirlstar Container Transport Ltd, initiated legal proceedings against five defendants including Kadas Shipping Co. Ltd. and others concerning the ownership and control of shipping containers located partly within Ghana and partly abroad. The dispute arose from alleged unauthorized sale and removal of containers by the first and second defendants, and the involvement of the fifth defendant company in leasing and managing these containers without authority. The plaintiff sought to serve writs outside the jurisdiction on some defendants and obtained interim injunctions to restrain removal or transfer of containers from the Port of Tema.
read moreJUDGMENT OF LAMPTEY J. On 4 September 1986 Opanin Osafo Buabeng, counsel for the plaintiff-applicant, filed an ex parte motion “praying for leave to serve [the writ of summons] on the third, fourth and fifth defendants in the above stated suit outside the jurisdiction of this court as per the grounds set forth in the affidavit attached hereto . . .” On that same date, i.e. 4 September 1986, Opanin Osafo Buabeng filed an ex parte motion and in that application sought an order of interim injunction “restraining the third, fourth and fifth defendants their agents, e.t.c. from removing and or shipping or transferring any one of the containers belonging to the third, fourth and fifth defendants already stacked at and, or coming to the Port of Tema outside the jurisdiction of this court on the grounds set forth in the affidavit attached hereto . . .” The application seeking leave to serve the writ of summons on the three defendants out of the jurisdiction came o...