REAL LOGISTICS & INVESTMENT LTD. vs. AFRICAN INDUSTRIES LTD., MAURITIUS FREEPORT DEVELOPMENT CO., OSPREY PORT SERVICES LTD. AND OIL TANKING GHANA SERVICES LTD.

This application is a request by the plaintiff/applicant for an order for payment out of Court in respect of an amount of GH₵246,690.00 which was paid into Court by the 4th defendant. According to the plaintiff the 1st defendant is entitled to receive out of the said sum an amount of USD28,410.00 which cedi equivalent is GH₵144,891.00 at an exchange rate of GH₵5.10 to USD 1.00. The 1st defendant has opposed this request claiming that the plaintiff/applicant owes rent to the 1st defendant/respondent from February 2018 till date and therefore a portion of the outstanding rent cannot be paid to the 1st defendant while the remainder is still in arrears. The 1st Defendant therefore requests the Court to refuse the application. I have heard both sides to this application and I rule that for the pendency of this suit the amount paid into Court by the 4th Defendant shall remain in the custody of the Court. This is because the Plaintiff itself acknowledges that it owes rent to the 1st...