By William Yaw Owusu
Wednesday, 15 November 2006
THE case in which Richmond Aggrey, a businessman, is claiming 20 per cent shares in Scancom Ghana Limited, operators of Areeba mobile phone service, could not be heard yesterday following the filing of two applications by Areeba, a defendant in the case.
Areeba’s applications were for a motion on notice for stay of proceedings pending appeal, and a notice of appeal at the Court of Appeal seeking to challenge the trial court’s ruling that Mr Aggrey’s writ of summons and service effected on Areeba’s co-defendants were proper.
As a result, the court, presided over by Mr Justice Henry Kwofie, adjourned proceedings until November 20, for the stay of proceedings motion to be moved by Mr Benson Nutsukpui, counsel for Areeba after which Mr Aggrey’s motion for interlocutory injunction can also be moved.
The other defendants in the suit are Investcom Consortium Holdings; S.A. of Beirut, Lebanon and Grandview Management of Texas, United States.
When the case was called at about 9:14 am, Mr Yonni Kulend; counsel for Mr Aggrey, responded by saying: “We have been served with a notice of appeal and a notice of stay of proceedings pending the outcome of the appeal.
“It has been fixed for November 20. We want our application for interlocutory injunction to be adjourned so that their motion can be moved,” he said.
The grounds of appeal as filed by Scancom Ghana Limited on November 3, are that the ruling of the trial court was against the weight of arguments advanced before it and that the judge erred when he disregarded the written statement attached to their application.
“The judge erred when he held that plaintiff’s non-compliance with Order 2 Rule 7 (5) of the High Court. Civil Procedure) Rules, 2004 (C147) was an irregularity that can be armed under Order 81 of C.I. 47 and for that matter non-fatal to the instant action,” Scancom contented.
It further said the court erred by dismissing its motions on notice to strike out the writ of summons and service and added that the court was wrong to have held that since one of the defendants was resident in the country strict adherence of Order 2 Rule 7 (5) of C.I. 47 will occasion injustice.
Scancom, in its motion for stay of proceedings submitted that the relief they are seeking from the Court of Appeal was to set aside the trial court’s ruling and strike out the writ of summons of the plaintiff for non-compliance.
On July 14, the court, presided over by Mr Justice Henry Kwofie, granted an ex-parte application filed by Mr Aggrey to restrain the defendants from going ahead to conclude a merger agreement with the MTN Company of South Africa.
“Continuing, progressing and or concluding a merger with and/or acquisition of Investcom LLC by MTN without taking into account and/or providing for the plaintiff’s 20 per cent shares in Scancom Limited, will occasion the loss of his shareholding in the company by reason of the accrual of the rights of MTN Group as a third party.”
Following that development, Areeba filed an application on July 24, to strike out Mr Aggrey’s action “in part or whole” on the grounds that that plaintiff failed to adhere to procedures in filing the application.
Areeba had said that Mr Aggrey did not take leave of service before effecting the process on its co-defendants Investcom and Grandview, who are outside the court’s jurisdiction.
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