[2010]DLSC4142 • April 29, 2010 • Supreme Court •
THE REPUBLIC vs. HIGH COURT, TEMA EX PARTE; MY SHIPPING PVT LIMITED, INTERESTED PARTIES; DEE JONES PETROLEUM & GAS LTD AND OTHERS
Dee Jones Petroleum & Gas Ltd sued Tromso Shipping Co. Ltd and the vessel M/T “MY ARCTIC” in suit № E2/149/09 at the High Court, Tema. Another suit involving Tromso Shipping Co. Ltd and the cargo on the vessel was also commenced. A third suit was filed at the High Court Commercial Division, Accra by MY SHIPPING PVT LTD against the cargo, owners, and interested parties. The two suits at the High Court, Tema were consolidated. The applicant (MY SHIPPING PVT LTD) joined the consolidated suit and filed a statement of defence and counterclaim asserting a lien over the cargo. After pleadings closed, the plaintiff filed an application for directions. Subsequently, the applicant filed a motion to stay proceedings and refer the matter to arbitration in London. The High Court, Tema dismissed the stay application and proceeded to hear the consolidated cases. The applicant then sought the Supreme Court's supervisory jurisdiction to quash the ruling and prohibit the High Court from proceeding.
read moreYEBOAH, JSC:- The supervisory jurisdiction of this court has been invoked by the applicant herein to quash the ruling of the High Court, Tema, dated the 18th day of December, 2009 and for a further order prohibiting the same court from proceeding to hear a consolidated suit pending before it. In an affidavit sworn to by one AKUA SARPOMAA AMOAH on behalf of the applicant herein, it does appear that the facts culminating in this application are not in controversy. Dee Hones Petroleum & Gas Ltd sued Tromso Shipping Co. Ltd and The Vessel M/T “MY ARCTIC” in suit № E2/149/09 before the High Court, Tema. Another suit was commenced as TROMSO SHIPPING CO. LTD V THE ENTIRE CARGO OF 9,949,799 of GAS OIL ON BOARD THE MV “MY ARCTIC” and two others as defendants. A third suit was also commenced, this time at the High Court, Commercial Division, Accra as suit № CGS/14/09 between MY SHIPPING PVT LTD V CARGO OF IL CURRENTLY CARRIED BY THE VESSEL MY ARTCTIC, THE OWNERS AND ALL PER...