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THE REPUBLIC V. HIGH COURT, TEMA EX PARTE; MY SHIPPING PVT LIMITED, INTERESTED PARTIES; DEE JONES PETROLEUM & GAS LTD AND OTHERS

(2010) JELR 66986 (SC)

Supreme Court  •  CIVIL MOTION NO. J5/19/2010  •  29 Apr 2010  •  Ghana

Coram
BROBBEY JSC (PRESIDING), ANSAH JSC, OWUSU (MS) JSC, YEBOAH JSC, ARYEETEY JSC

Appearances
CHARLES WILLIAM ZWENNES HUGHES FOR THE 1ST AND 3RD INTERESTERED PARTIES, D. K. AMELEY FOR THE APPLICANT.

Judgement

RULING

YEBOAH, JSC

The supervisory jurisdiction of this court has been invoked by the applicant herein to quash the ruling of the High Court, Tema, dated the 18th day of December, 2009 and for a further order prohibiting the same court from proceeding to hear a consolidated suit pending before it.

In an affidavit sworn to by one AKUA SARPOMAA AMOAH on behalf of the applicant herein, it does appear that the facts culminating in this application are not in controversy. Dee Hones Petroleum and Gas Ltd sued Tromso Shipping Co. Ltd and The Vessel M/T “MY ARCTIC” in suit No E2/149/09 before the High Court, Tema. Another suit was commenced as TROMSO SHIPPING CO. LTD v. THE ENTIRE CARGO OF 9,949,799 of GAS OIL ON BOARD THE MV “MY ARCTIC” and two others as defendants. A third suit was also commenced, this time at the High Court, Commercial Division, Accra as suit No CGS/14/09 between MY SHIPPING PVT LTD v. CARGO OF IL CURRENTLY CARRIED BY THE VESSEL MY ARTCTIC, THE OWNERS AND ALL PERSONS INTEREST…

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