[2019]DLCA7788October 17, 2019Court of Appeal

MAGNA INTERNATIONAL TRANSPORT LTD. (PLAINTIFF/RESPONDENT) vs. GHANA TELECOM COMMUNICATIONS CO. LTD. (DEFENDANT/APPELLANT)

TORKORNOO, J. A: This is an interlocutory appeal from the high court. The parties entered into a written contract in July 2011 termed as the Vodafone Procurement Agreement (VPA). Under clause 21 of the VPA, they agreed that: 21. GOVERNING LAW AND JURISDICTION 21.1 The VPA is governed by, and shall be construed in accordance with the laws of England and Wales 21.2 Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales, over any claim, dispute, difference arising out or in connection with the VPA (including any non-contractual dispute, controversy or claim) 21.3 Notwithstanding Clause 21.2, each party shall have the right to file any action necessary in any court of competent jurisdiction to seek specific performance, an injunction or other equitable relief to restrain the other as a remedy for any actual or threatened breach. The Plaintiff/Respondent issued a writ against the Defendant in the high court for the following reliefs: ...