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SHIKARI LIMITED. V. THE BROAD BAND HOME LIMITED

(2018) JELR 69646 (HC)

High Court  •  CIVIL APPEAL NO.MISC/0128/2018  •  26 Sep 2018  •  Ghana

Coram
SAMUEL K. A. ASIEDU JUSTICE OF THE HIGH COURT

Appearances
K.O. BOAKYE ESQ. FOR BENJAMIN KPAKPO SACKER ESQ. FOR THE APPLICANT; MOTHER TERESAH BREW ESQ. FOR KIZITO BEYUO ESQ. FOR THE RESPONDENT.

Judgement

JUDGEMENT

ASIEDU J.

By an originating motion on notice filed on the 16th August 2018, the applicant, Shikari Limited, a limited liability company registered under the laws of Mauritius, seeks an order of this court for leave to enforce a final award dated the 22nd day of June 2018, made under the auspices of the London Court of International Arbitration, against the respondent, the Broad Band Home Limited, a company registered under the laws of the Republic of Ghana. The motion paper is supported by an affidavit and other exhibits. The respondent is opposed to the application as shown by its affidavit in opposition.

The applicant says in paragraph 7, 8 and 9 of the supporting affidavit that:

7. On April 28, 2014, the Applicant and Respondent entered into an agreement by which the Applicant agreed, among other things, to arrange and provide a loan to the Respondent (“the Facilitation Agreement”). Attached and Marked as Exhibit A is the Facilitation Agreement.
8. Pursuant to the Facilitation…

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