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PARRY & COMPANY LTD V. PIONEER FOOD CANERY AND SAHEL SAHARA BANK

(2016) JELR 68422 (HC)

High Court  •  SUIT NO.BDC/21/2015  •  16 Nov 2016  •  Ghana

Coram
HIS LORDSHIP ERIC KYEI BAFFOUR JUSTICE OF THE HIGH COURT

Judgement
<p><strong>BAFFOUR, J.</strong></p><p>The Plaintiff/Applicant prays for a two headed order of interlocutory injunction. The first injunction he seeks is to restrain the 1<sup>st</sup> Defendant from having recourse to a security in the form of Bank guarantee which the 2<sup>nd</sup> Defendant Bank provided. The second injunction he seeks is directed at the 2<sup>nd</sup> Defendant/Respondent, the Bank that gave the unconditional guarantee to the 1<sup>st</sup> Defendant on behalf of the plaintiff in relations to the Plaintiff’s obligations under a Sales Stock Handling Agreement it had entered into with the 1<sup>st</sup> Defendant. The Applicant intends to stop 2<sup>nd</sup> Defendant from honouring any call on it to perform or make payment to 1<sup>st</sup> Defendant to the tune of Ghc 1,650.000.00.</p><p>The 1<sup>st</sup> Defendant is a manufacturer of a variety of canned tuna products whiles the Plaintiff until recently, a distributor of 1<sup>st</sup> defendant’s products. The parties have been in a long standing business relationship where the Plaintiff was mandated as the authorized distributor of 1<sup>st</sup> defen…</p>

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