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

BAFFOUR, J.

The Plaintiff/Applicant prays for a two headed order of interlocutory injunction. The first injunction he seeks is to restrain the 1^st Defendant from having recourse to a security in the form of Bank guarantee which the 2^nd Defendant Bank provided. The second injunction he seeks is directed at the 2^nd Defendant/Respondent, the Bank that gave the unconditional guarantee to the 1^st 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^st Defendant. The Applicant intends to stop 2^nd Defendant from honouring any call on it to perform or make payment to 1^st Defendant to the tune of Ghc 1,650.000.00.

The 1^st Defendant is a manufacturer of a variety of canned tuna products whiles the Plaintiff until recently, a distributor of 1^st defendant’s products. The parties have been in a long standing business relationship where the Plaintiff was mandated as the authorized distributor of 1^st defen…