EXCEL OIL COMPANY LIMITED vs. CROWN PETROLEUM GHANA LIMITED [2018]DLCA6179

Date	2018-11-13
Suit No.	SUIT NO. H1/18/2018
Citation No.	[2018]DLCA6179

ADUAMA OSEI JA (PRESIDING)

SENYO DZAMEFE JA

WELBOURNE (MRS.) JA

DR. OPOKU ADUSEI FOR DEFENDANT/RESPONDENT/ APPELLANT

DENNIS KUMA KWAKYE FOR PLAINTIFF/APPLICANT/ RESPONDDENT.

[2018]DLCA6179
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													<main id="main" class="content" style="min-height: 60rem" >EXCEL OIL COMPANY
LIMITED<o:p></o:p>[PLAINTIFF/APPLICANT/RESPONDENT]<o:p></o:p>vs.<o:p></o:p>CROWN PETROLEUM GHANA
LIMITED<o:p></o:p>[DEFENDANT/RESPONDENT/APPELLANT]<o:p></o:p>[COURT
OF APPEAL (CIVIL DIVISION), KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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SUIT NO. H1/18/2018&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 13TH
NOVEMBER, 2018<o:p></o:p>

DENNIS
KUMA KWAKYE FOR PLAINTIFF/APPLICANT/ RESPONDDENT.<o:p></o:p>

</div>CORAM: &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>ADUAMA
OSEI JA (PRESIDING), SENYO DZAMEFE JA, WELBOURNE (MRS.) JA<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="text-align:center;line-height:115%;
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solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ADUAMA OSEI JA:<o:p></o:p>In
this judgment, the Plaintiff/Applicant/Respondent is referred to as “the
Plaintiff”, and the Defendant/Respondent/Appellant is referred to as “the
Defendant”.<o:p></o:p>By
a writ of summons issued in the High Court, Kumasi, on the 28th of August,
2017, the Plaintiff is seeking the following reliefs against the Defendant:<o:p></o:p>“a) An order of injunction restraining
the defendant either by itself, agents, assigns, privies, etc. of whatever name
or description so called from interfering with the plaintiff’s control,
management, etc. of a fuel/filling station at Kumasi Afrancho belonging to New
Champion Enterprise Ltd. which is a subject matter of fuel dealership agreement
between the plaintiff and the said New Champion Enterprise Ltd.<o:p></o:p>“b) An order for the recovery of the
cost of the fuel at The New Champion Enterprise Limited at Kumasi-Afrancho at
the time that the defendant unlawfully/forcefully took over the said
fuel/filling station from the control/management of the plaintiff which at the
time &nbsp;stood at GHC 74,445.25.<o:p></o:p>“c)&nbsp;
An order compelling the defendant to surrender all the tools, equipment
belonging to the plaintiff which the defendant removed or have taken away from
The New Champion Enterprise Limited fuel/filling station at Afrancho or alternatively
pay for the said equipment and the cost of fixing them. <o:p></o:p>“d) General/exemplary damages against
the defendant for his unlawful interference with the Plaintiff’s business at
the aforementioned filling/fuel station at Kumasi-Afrancho.<o:p></o:p>“e) Any appropriate reliefs in the
circumstance of the case”.<o:p></o:p>The
statement of claim accompanying the writ of summons gives the Plaintiff’s
explanation for seeking the reliefs set out above. In the statement of claim,
the Plaintiff describes itself as an oil marketing company registered under the
laws of Ghana, and it describes the Defendant also as an oil company registered
as such under the laws of Ghana. It alleges that it had a fuel dealership
agreement with a company called The Champion Enterprise Limited in respect of
the said company’s fuel/filling station at Kumasi-Afrancho which had brought
about the Plaintiff taking over and managing the said station. The Plaintiff
alleges in the statement of claim that under the dealership agreement, it was
required to supply fuel to The Champion Enterprise Limited for a period of ten
years and that if arising out of the agreement, The Champion Enterprise
incurred a debt which remained outstanding for three months or more, the
Plaintiff was entitled to take over the station and manage and run it until all
the debt and the interest accrued thereon were completely liquidated. <o:p></o:p>The
Plaintiff explains in the statement of claim that it was because The Champion
Enterprise Limited had been in such default that it took over the Kumasi-Afrancho
fuel station which it managed for eight years before the Defendant’s
interference. The Plaintiff’s grievance against the Defendant in the pending
suit is that while it was in occupation of the filling station in exercise of
its right under the dealership agreement, the Defendant had without just cause
invaded the station and had forcibly taken it over. The Plaintiff alleges that
as at the time the Defendant forcibly took over the filling station, it had
deposited petroleum stocks amounting to GH¢74,445.25 at the station. The
Plaintiff alleges further that the facilities the Defendant had unlawfully
taken over included facilities which it had itself installed at the station.
The Plaintiff alleges that the conduct of the Defendant in taking over the station
was adversely affecting its business fortunes and operations, and would have
the effect of depriving it of its means of recovering the debt owed to it by
The Champion Enterprise Limited. The Plaintiff contends that unless the
Defendant is restrained, its right to operate the station will continue to be
compromised much to its detriment. <o:p></o:p>Just
about an hour after it had issued the writ, the Plaintiff filed an application
in the High Court under Order 25 of the Rules of the High Court, CI. 47, for
restraining orders against the Defendant. Specifically, the Plaintiff’s
application was for an order “to restrain the defendant either by itself,
agents, assigns, etc. or by whatsoever or</main>