GHANA TELECOMMUNICATIONS CO. LTD vs. KABALINK LIMITED

IRENE C DANQUAH JA This interlocutory appeal was filed by the Defendant against the dismissal of an application for an order to set aside the writ as an abuse of the Court process by the High Court, Wa. The ruling is dated 19th July 2010. The facts of the case are these; the parties entered into a written agreement in 2009 for the Plaintiff to distribute products of the Defendant supplied on credit in the Upper East and the Upper West Regions of Ghana. It was a term of the agreement that the Plaintiff furnished the Defendant with a bank guarantee to which the Plaintiff complied and procured one from Intercontinental Bank. The agreement run into problems when the Plaintiff accused the Defendant of breach of the agreement by appointing other companies and individuals as distributors of the Defendants products in the said Regions when it was made the exclusive distributor of the products. The Defendant on the other hand alleged that the Plaintiff had failed to pay for the products ...