[2018]DLHC7334March 2, 2018High Court

MELVILLE ENTERPRISES S.A. (PLAINTIFF/APPLICANT) vs. THE 10, 000 METRIC TONNES CARGO OF CRUDE OIL LADEN ON BOARD THE MOTOR TANKER “OLYMPIC FAITH” AND ALL INTERESTED PERSONS IN IT, LUSHANN INT. ENERGY LTD AND BBLS GMBH (DEFENDANTS) GHANA COMMERCIAL BANK (RESPONDENT)

The instant motion, filed on the 14th December 2017, seeks an order of the court directed at GCB Bank Ltd to pay to the Registrar of the court the sum of $7, 428,456 being deposit as at 21st February 2017 held in the name of the Registrar of this court together with accrued interest to date pursuant to an order of the court dated 27th January 2014. The motion is supported by an affidavit. The respondent, GCB Bank Ltd, is opposed to the application as shown by its affidavit in opposition. The facts leading to the application are not difficult to appreciate and are, to a large extent, reproduced, as far as is relevant to the instant application, in the affidavit in support. The plaintiff company sued the 1st and the 2nd defendants in this matter, upon a time charter, for the recovery of unpaid hire after the 2nd defendant had failed to pay the plaintiff company for the chartering of its vessel, the Mt. Olympic Faith. The suit was both an action in rem and in personam as shown by the wri...