CAL BANK PLC V. ASABEA ENGINEERING LIMITED & 3 ORS.

RULING ON MOTION ON NOTICE FOR AN ORDER OF MAREVA INJUNCTION

Background

Counsel for and on behalf of the Plaintiff/Applicant (hereafter to be referred to as "Plaintiff") on 23rd August, 2024, filed an application for an order of Mareva Injunction to restrain the 1st Defendant/Respondent from receiving any funds due and owed the 1st Defendant by virtue of various Interim Payment Certificates from the Ghana Highway Authority.

The motion was opposed by the Defendants/Respondent (herein after to be referred to as "Defendant") who duly filed an Affidavit in Opposition on 20th January, 2025.

Preliminary Legal Objection

In paragraph 7 of the affidavit in opposition the Defendants indicated that they would raise a preliminary legal objection regarding the competency of the application. The particularised the factual grounds upon their preliminary objection is situated in paragraphs 8, 9 and 10 of their affidavit in opposition as follows:

8. I am advised by Counsel and verily believe the same to be tru…