ACCESS BANK (GHANA) LTD vs. AKUAFO ADAMFO MKTG CO. LTD, FINATRADE HOLDING SA

RULING On the 26/2/16 counsel for the plaintiff applicant moved her motion on notice for an order for interlocutory injunction and for interim preservation under order 25 of CI 47. Counsel submits that the second defendant gave a corporate guarantee to the plaintiff in respect of a facility granted the first defendant and that upon a default by the primary beneficiary, the facility has been called in. Attached to the affidavit in support is exhibit PB6, a demand notice on second defendant to pay up dated 27/11/15. Consequently the applicant seeks an injunction to restrain defendant respondent and agents from dealing with the said shares identified in the companies mentioned, in ways that will be negative to Plaintiff applicants’ interests in the final analysis. This in a nutshell is the basis of the plaintiff applicants’ application. In responding, counsel for the second defendant respondent raises a point which to my mind is fundamental and must be dealt with first as that wou...