An Accra High Court has dismissed as unmeritorious Cal Bank’s motion for interlocutory orders in respect of a judgment delivered by the High Court on the 18th of May, 2015.
The court also awarded a cost of GH 5,000 against Cal bank for what the court calls an abuse of the judicial process.
Pursuant to the offer of a $13.2m financing facility given to Dram Oil by Cal Bank in 2011, a cargo of 12,000 metric tonnes of petroleum products was imported into Ghana by Dram with Vihama Energy Ltd as the licensed distributing agent on record for the transaction.
After a failure by Vihama to distribute the delivered cargo when it arrived, and after Dram Oil proposing to bring in a new bulk distribution company to undertake the distribution of the products, a tripartite agreement was enforced by Cal Bank with Dram Oil and Vihama as parties to it.
After the sales of the cargo, there still remained a deficit of $600,000 which caused Cal Bank to file proceedings in court against Dram for the recovery of the said amount. Dram Oil subsequently joined Vihama to the action as Vihama had failed to render full account of the sales of the cargo.
This argument was upheld by the High Court that consequently found in favour of Dram Oil per Justice Novisi judgement in May, 2015.
Despite this judgement, Cal Bank still proceeded to file an entry of judgement in 2019 although the high court had not pronounced any orders for Cal Bank in its judgement. The court also struck out the entry of judgment filed by Cal Bank.
The High Court dismissed as unmeritorious after Cal Bank filed a motion for interlocutory orders pursuant to the entry of judgement filed by Cal bank.
According to the court, once a court delivers judgment, the work of that particular court is done, unless a review application is placed before it. The court further stated that in the absence of such a process or a notice of appeal, the matter cannot be said to be pending.
“I am therefore unable to grant the instant application in the exercise of the inherent jurisdiction of this court. The motion for an interlocutory orders in respect of a judgment delivered by this court on the 18th of May, 2015, is hereby dismissed as unmeritorious and abuse of the judicial process and I award a cost of GH5,000 against Cal Bank,” the court said.
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