[2017]DLHC3662January 17, 2017High Court

TOTAL PETROLUEM GH. LTD AND 2 OTHERS vs. GHANA AIRPORTS CO.LTD AND THE REPUBLIC vs. GHANA AIRPORTS CO. LTD AND ANOTHER; EX PARTE TOTAL PETROLUEM GH. LTD AND 2 OTHERS

Applicants filed suit seeking declarations that the defendants' actions preventing use of the main apron and decommissioning of existing hydrant system at Kotoka International Airport were contrary to lease agreements and offer letters. An interlocutory injunction was granted restraining respondents from such acts. Despite this, respondents allegedly decommissioned the hydrant line and interfered with plaintiffs' fuel tanks, prompting a contempt application.

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This contempt application was brought under Order 50 rule 1 of C.I. 47. The applicants pray this court to commit the two respondents for contempt of court, in that the respondents failed to obey the lawful orders of this court made on the 21st April, 2016. A brief summary of the facts which gave rise to the present application is that the applicants filed a suit in the Commercial Court on the 20th of April, 2016 asking for the following reliefs: 1. A declaration that the decision of the defendants to prevent plaintiffs from using the main apron at the Airport and decommission plaintiffs existing hydrant system is contrary to the provisions of the lease agreement dated March 2011, and the offer letter of the defendant dated 9th July, 2014. 2. A declaration that by virtue of lease agreement executed between the parties dated March, 2011, and offer letter dated 9th July, 2014 the plaintiffs are (through JUHI partners) entitled to connect their fueling facilities to the New Hydr...