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SPRINGFIELD EXPLORATION AND PRODUCTION LTD V. ENI GHANA EXPLORATION AND PRODUCTION LTD AND VITOL UPSTREAM GHANA LTD

(2021) JELR 109055 (HC)

High Court  •  CM/BDC/0924/2020  •  25 Jun 2021  •  Ghana

Coram
HER LADYSHIP JUSTICE MARIAMA SAMMO

Appearances
SEAN POKU ESQ. HOLDING BRIEF OF THADDEUS SORY ESQ. FOR PLAINTIFF/APPLICANT - PRESENT KIMATHI KUENYEHIA ESQ. WITH KWESI DANSO AMOAH ESQ., JAMES AFEDO ESQ., MOSES ACHEAMPONG ESQ. AND PHILIP NYARKO ESQ. FOR 1ST DEFENDANT/RESPONDENT- PRESENT ACE ANKOMAH ESQ. WITH DAAD AKWESI AND ESI QUARGRAINE FOR 2ND DEFENDANT/RESPONDENT- PRESENT

Judgement

RULING

SAMMO, J.

In this application, the Plaintiff/Applicant has invoked the jurisdiction of the CourtĀ  for an order for the preservation of funds, revenue and monies earned, paid toĀ  and/or accruing from the exploration and production of petroleum by DefendantsĀ  from the Sankofa Field. The legal basis of the application is indicated on the face ofĀ  the motion paper as Order 25 rule 2 of the rules of the Court (C.I. 47). Having statedĀ  the rule pursuant to which the jurisdiction of the Court is invoked for the reliefsĀ  sought, it is imperative for the Court to briefly examine the rule and determine the scope of its powers there under.Ā 

In the case of Shardey v. Martey [1972] 2 GLR 350, the Court of Appeal held thatĀ  when an application is made and the relevant rule is cited, it enables the court toĀ  ascertain whether the application is properly before it and determine the powers itĀ  has under the rule. In the instant application, the specific provision of Order 25 ruleĀ  2 relevant for…

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