GRi In Court 23-04-99 

Car stealing syndicate on trial

Court to rule on preliminary objection in Guinness case

Accra (Greater Accra), 22nd April  

An Accra High Court will on April 30, rule whether it should hear an application for an interim injunction filed by Accra Brewery Company (ABL) against Guinness Ghana Limited (GGL) on the sale of alcoholic and non-alcoholic beverages in the country.

The court fixed the date following a preliminary objection raised byMr Sam Okudzeto, counsel for GGL that ABL has no legal right to take such an action and urged the court to dismiss it.

Mr Okudzeto contended that the agreement entered into by GGL with its retailers for the sale of its alcoholic and non-alcoholic beverages from now until December 31, 2000 is valid.

Counsel said there is no law in Ghana that says that under a free market, nobody can enter into an agreement with any other person.

"An agreement between two parties even with restrictions is lawful,"Mr Okudzeto said.

He cited legal authorities to buttress his argument and added that it was only the retailers, who entered into the agreement with Guinness who could take such action and not ABL.Replying, Mr William Edem Fugar, counsel for ABL, said the legal action taken was not only against restraint of trade but also an inducement and that the agreement offended public policy.

He said ABL felt injured by the agreement so it had the right to take action.

"Public policy does not permit acts that prevent trade competition",he added.

Counsel argued that the agreement entered into by the defendant with their retailers, who also sell ABL products, is a "ploy to prevent competition".

On March 31 this year, ABL caused a writ of summons and statement of claim to be issued against GGL.

ABL sought a declaration that an agreement dubbed "Guinness means profit retailer scheme" initiated by the defendant with various joint retailers should be declared null and void and of no effect.

Part of the agreement prevents the agents who stock Guinness from selling any other alcoholic beverage until 31st December 2000.

ABL, therefore, prayed the court to restrain Guinness, its agents, privies and assigns from entering into such or any further agreements with the said retail outlets.

Guinness, in a statement of opposition, said ABL's action has no legal basis and must be dismissed.

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Accra (Greater Accra), 23rd April 

Three persons suspected to be members of a car stealing syndicate operating in the Accra Metropolis on Thursday appeared before a circuit tribunal in Accra.

Yaw Manu, alias Smart, 21, a trader, Louis Teiko Foli, 24, unemployed and Nuhu Musah, 42, a driver, pleaded not guilty to conspiracy and attempting to steal.

They were each granted two million cedis bail with one surety to reappear on May seven.

An accomplice, who the prosecution named as Abiola charged with the same offence, is on the run.

Police Inspector James Kwame Anneh told the tribunal chaired by Mr Charles Louis Quist that at about 1700 hours on February 12, Mrs Victoria Amoah, the complainant, parked her Toyota saloon car in front of the Seraphine Surgical Limited (SSL) at the Accra North Industrial Area.

Inspector Anneh said a security man at the gate of the company saw that someone entered the car, came out, entered another vehicle with registration number GT 1785 P and sped off.

The prosecutor said on her return, Mrs Amoah detected that someone had forced the front door of her car open.

Inspector Anneh said the registration number of the vehicle was communicated to the Greater Accra Regional Police Command, who arrested the vehicle with the three accused persons at Korle-Bu on the same day.

Abiola who was with the accused persons escaped.

The prosecutor said when the car was searched, another number plate bearing registration number GT 8646 P, which was the actual registration number of the vehicle, was found hidden in it.

The prosecutor said during interrogation, Manu, Foli and Musah admitted attempting to steal from Mrs Amoah's car.

He said they also confessed to forcibly opening other cars in the metropolis and making away with suitcases and other valuable items.

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