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GHANA AGRIC IMOUT DEALERS ASSOCIATION AND OTHERS V. WYNCA SUNSHINE AGRIC PRODUCTS AND TRADING CO.LTD

(2011) JELR 64134 (CA)

Court of Appeal  •  SUIT NO. H3/23/11  •  28 Jan 2011  •  Ghana

Coram
MARIAMA OWUSU (MISS) J.A. [PRESIDING], IRENE C. DANQUAH [MISS] J.A, F.G. KORBIEH J.A.

Appearances
HANSON KWADWO KODUAFOR PLAINTIFFS/APPELLANTS/APPLICANTS; ASSIEDU BASOA FOR DEFENDANT/RESPONDENT/RESPONDENT.

Judgement

MARIAMA OWUSU J.A.

At the Court’s sitting on the 26-1-2011, the Plaintiffs/Appellants/Applicants, who would be referred to as applicants, moved this Court for an order of interim injunction restraining the Defendant/Respondent/Respondent who would be referred to simply as Respondent his agents, assigns servant, privies etc from engaging in any commercial activities in the country, pending the final determination of the appeal filed in this case.

The basis of the Appellants’ application is that, they have suffered and are still suffering immeasurable economic and financial losses as a result of the Respondent’s act of unfair competition and dishonest practices as well as its illegal commercial activities in the country as a non-Ghanaian. In particular, the applicants aver that, the Respondent’s commercial activities contravene the express prohibitory provisions of the Ghana Investment Promotion Centre Act, 1994, (ACT 478). The applicants continue that an earlier application seeking an or…

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