VAL CAP MARKETING V. THE OWNERS OF MV VINTA

JUDGMENT

LAMPTEY, JA:

On 12th August 1993, Solicitors acting for Val Cap Marketing took out a writ of summons in the High Court, Accra against the Owners of M/V Vinta and claimed against the owners the reliefs endorsed on the writ of summons. The address Val Cap provided for service of process on the Owners was stated as "Port of Tema Ghana". At the time of filing the writ of summons the solicitors for Val Cap filed a motion ex-parte supported by affidavit by which Val Cap sought an order for a warrant for the arrest of the vessel M/V Vinta. By their action Val Cap claimed as follows:—

"The sum of US. $70,543.82 being principal and interest as at 10th August 1993 being the cost of 300.02 metric tonnes of intermediate fuel oil sold and delivered to the defendants"

The writ of summons and the statement of claim were served on one Captain Praveen Malham on 13th September 1993 at Tema Harbour. Solicitors acting for the Owners filed a statement of defence by which the Owners challenged and di…