[2011]DLCA3153January 28, 2011Court of Appeal

GHANA AGRIC IMOUT DEALERS ASSOCIATION AND OTHERS vs. WYNCA SUNSHINE AGRIC PRODUCTS AND TRADING CO.LTD

MARIAMA OWUSU J.A.: At the Court’s sitting on the 26-1-2011, the Plaintiffs/Appellants/Applicants, who would be referred to as applicants, moved this Court for an order of interim injunction restraining the Defendant/Respondent/Respondent who would be referred to simply as Respondent his agents, assigns servant, privies etc from engaging in any commercial activities in the country, pending the final determination of the appeal filed in this case. The basis of the Appellants’ application is that, they have suffered and are still suffering immeasurable economic and financial losses as a result of the Respondent’s act of unfair competition and dishonest practices as well as its illegal commercial activities in the country as a non-Ghanaian. In particular, the applicants aver that, the Respondent’s commercial activities contravene the express prohibitory provisions of the Ghana Investment Promotion Centre Act, 1994, (ACT 478). The applicants continue that an earlier applica...