|
GPHA asks court to throw out
GASCO’s application
Tema, Oct 28, Ghanadot/GNA - The Ghana Ports and Harbours
Authority (GPHA) has prayed the Commercial Court in Accra to
dismiss an application for an order of interim injunction
against the Authority and the Meridian Ports Services (MPS).
The application for an order of interim injunction was filed
against GPHA and MPS by the Ghana Association of Stevedoring
Companies (GASCO) and six stevedoring companies at the
Commercial Division of the High Court on October 15 this
year.
GASCO and the six stevedoring companies wanted the court to
restrain GPHA and MPS from limiting their (stevedore
companies) operations on berths three, four and five of Quay
one among other claims.
In a statement of case filed by Sey and Co. Legal
Practitioners on behalf of the GPHA on October 22, the
Authority described the suit as incompetent and
unmeritorious.
It further said that the plaintiffs’ application was
unwarranted since they have not lost any income due to the
concession between GPHA and MPS, but have rather enjoyed
increased income from the stevedoring of general cargo which
the MPS does not engage in.
A copy of the statement of case made available to the Ghana
News Agency (GNA) in Tema stated that GPHA holds 21,000
fully paid shares amounting to 30 percent of MPS total
shareholding.
It further noted that as a shareholder in MPS, GPHA
represented the national interest in the business of
stevedoring in the port system.
An affidavit attached to the statement of claim noted that
PNDC Law 160 gave the GPHA the statutory responsibility to
carry out the business of stevedoring, master porterage
warehousing and other services in port facilities in Ghana.
The Authority indicated that based on the powers vested in
it by the PNDC Law 160, it entered into an agreement by
which it granted a concession to MPS, adding that, the said
agreement does not require the prior approval of Parliament
as alleged by the applicants.
The GPHA denied limiting or restricting the business of the
stevedoring companies as it explained that in pursuant of
its policy of privatizing part of the business of
stevedoring, it licensed several private operators including
the six to operate as stevedoring alongside it.
“It is incorrect and falsehood that the first defendant has
at any time limited or restricted the lawful activities of
the plaintiffs,” the statement noted.
The GPHA contended that it has the right under the
concession to grant MPS the option to stevedore ships
carrying in excess of 50 containers arriving at any part of
the Tema port.
The affidavit contended that granting of the interim
injunction would constrain the activities of all operators
at the port of Tema and contravene the terms of both the
concession granted to MPS and the individual licenses
granted to the plaintiffs.
It said it would also result in significant financial loss
to the Republic of Ghana since the plaintiffs do not have
the equipment, manpower and the training to operate the
dedicated container terminal.
GNA
|
