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Crime & Punishment of Friday, 11 May 2007

Source: GNA

Court to rule on Areeba's contempt suit on June 12

Accra, May 11, GNA - The Commercial Division of the Accra Fast Track High Court on Friday, adjourned to June 12, 2007 for ruling in a contempt suit against Scancom Limited, operators of Areeba mobile phone network, and others.

When the suit, "Motion on notice on application for order on attachment", was called, Mr. Yonny Kulendi, appeared for the Plaintiff, Mr. Emmanuel Tetteh, while Mr. Benson Nutsukpui, represented the Respondent, Mr. Britt Goshen, Chief Executive of Scancom. The ruling on the contempt suit was to ascertain that substituted service outside "this jurisdiction" was made. Mr. Kulendi brought to the notice of the court that one of the applicants in the suit had not been served and therefore, needed an extension of time.

Counsel told the court that the respondent could rest his comments, until the suit comes up for determination. Mr. Kulendi noted: "This is not a private application. It is a process of the court".

He asserted that the court could not proceed to do business in respect of the motion, when all the parties involved were not served. Responding, Mr. Benson contended: "We believe that the matter must be determined by this court", adding, "We have indicated that, that order was made without jurisdiction". Mr. Benson declared that adjourning the matter was not the solution to the motion.

He asked for 800,000 cedis cost for being dragged to court by the Plaintiff, without any serious business for the day. This, the court overruled.

In the substantive case, Investcom Consortium Holding SA is asking the court to stay proceedings.

The stay of proceedings is to allow parties involved in the dispute to settle the issue out of court. The arbitration is at the instance of Investcom, the fist Defendant / Applicant in the case.

The other defendants include Scancom Limited, operators of Areeba mobile phone network, and Grandview Management Limited. Mr. Richmond Aggrey, a Ghanaian businessman also the Plaintiff, in the substantive case, sued Investcom Holdings, now Investcom LLC, the majority shareholders, Scancom Limited and Grandview Management Limited when Scancom decided to merger deal with South African giant, MTN Incorporated. The deal was almost concluded for the transfer of all shares in Scancom Limited to the South African Company. 11 May 07