[2018]DLHC3485 • January 19, 2018 • High Court
THE DOCUMENT WAREHOUSE LTD. vs. AIRTEL GHANA LTD
The Applicant (Airtel Ghana Ltd.) engaged the Respondent (The Document Warehouse Ltd.) for documentation, storage, and management services under a sublease agreement. The Applicant terminated the agreement with three months' notice on May 16, 2017. At termination, the Respondent owed the Applicant sums in rent arrears, while the Respondent claimed the Applicant owed it storage fees. While reconciling accounts, the Respondent refused to release the Applicant's documents in its custody. The Applicant needed the documents to comply with a Ghana Revenue Authority (GRA) post-clearance audit request and feared penalties if unable to produce them.
read moreDefendant/Applicant (hereinafter called the Applicant) seeks by this motion an order directed at the Plaintiff/Respondent (hereinafter called the Respondent) to release all documents in Respondents custody, possession and control. In a 23 paragraph affidavit sworn to by one Andrew Allotey, he claim that the Applicant engaged the services of Respondent for the purposes of documentation, storage and management services. That the services were duly rendered by the Respondent using the warehouse of the Applicant under a sublease agreement. The Applicant claim that it terminated the agreement when it gave the Respondent three months’ notice on the 16th of May, 2017. And as at the time of the termination of the agreement, Respondent was indebted to it in the sums of Gh¢305,589.83 and USD$68,572 as being rent accruals with Respondent also claiming that Applicant owed it the sum of Gh¢209,680.55. Applicant further claim that the parties initiated steps in respect of reconciliation of ...