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VIVO ENERGY GHANA LIMITED v. EMIPAK COMPANY LIMITED & 2 Ors.

(2019) JELR 107449 (HC)

High Court  •  CM/BDC/0528/2018  •  31 May 2019  •  Ghana

Coram
GEORGE K. KOOMSON

Judgement

R U L I N G

This is an application filed by the 2nd and 3rd Defendants/Applicants seeking an order to strike out their names as Defendants to this action. It is noted that the court intends to resolve the two applications together as they have the same facts, the same parties and similar issues. I have read the Applications and Affidavits filed by the parties herein. I have also read the Written Addresses filed by the respective parties. Consideration has also been given to Order 4 rule 5 of the High Court Civil Procedure Rules (C.I. 47).

This application is founded on a writ of summons issued against the Defendants herein claiming as follows:

a. Recovery of the sum of GH¢909,663.11 being the outstanding indebtedness of the petroleum products supplied.

b. Interest on the said sum of GH¢909,663.11 at the prevailing bank rate to be calculated from 1st May 2018 to the date of final payment.

c. Costs.

It is the claim of the Plaintiff that they entered into a Shell Card Agreement with t…

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