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ACCRA BREWERY COMPANY LTD. V. GUINNESS GHANA LTD.

(1999) JELR 66055 (HC)

High Court  •  CS 307/99  •  28 May 1999  •  Ghana

Coram
HIS LORDSHIP MR. A. A. BENIN J.A.

Appearances
FUGAR FOR THE PLAINTIFF/APPLICANT ,OKUDJETO FOR THE DEFENDANT/RESPONDENT

Judgement
<p><strong>BENIN, J.A.</strong></p><p>This is an application brought by the plaintiff herein seeking an order of interim injunction restraining the defendant, its agents, servants, privies and assigns from further entering into and or in any other way enforcing the agreement dubbed or entitled “Guinness means profit” retailer scheme initiated by the defendant and or any similar or further agreements with outlet owners of the plaintiff and in Ghana pending the final determination of the suit herein in terms of the accompanying affidavit and for such order or orders as this honourable court may seem fit.</p><p>In the accompanying affidavit, the plaintiff set out the reliefs endorsed on the writ, which as at now amended, seek the following:</p><p>1. a declaration that the said agreement is unreasonable and in restraint of trade and against public policy and therefore null and void and totally of no effect;</p><p>2. a declaration that the said agreement undermines competition and seeks to achieve an unfair advantage over its competitor…</p>

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